CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding a penalty award. The Board rescinded the prior award, finding the Administrative Law Judge erred in applying penalty provisions and attorney fees without sufficient findings on unreasonable delay and a proper consideration of relevant factors. The case is returned to the trial level for further proceedings to determine the reasonableness of the delay and the appropriate penalty amount, with a requirement for the WCJ to explain their reasoning. Any claims for attorney fees should be properly submitted with supporting documentation.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding a penalty award. The Board rescinded the prior award, finding the Administrative Law Judge erred in applying penalty provisions and attorney fees without sufficient findings on unreasonable delay and a proper consideration of relevant factors. The case is returned to the trial level for further proceedings to determine the reasonableness of the delay and the appropriate penalty amount, with a requirement for the WCJ to explain their reasoning. Any claims for attorney fees should be properly submitted with supporting documentation.
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