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The Workers' Compensation Appeals Board granted reconsideration and amended a prior award to allow attorney's fees under Labor Code section 5814.5. The original award found the employer unreasonably delayed a $6,000 Supplemental Job Displacement Voucher (SJDV) and imposed a 25% penalty, but denied attorney fees. The Board reversed this, holding that attorney fees are applicable when an award requires an SJDV, even if not explicitly listed, as the SJDV's entitlement was clear from the permanent disability award. The Board also affirmed the finding of unreasonable delay and the penalty, while reserving jurisdiction for the parties to determine the reasonable attorney fee.
SHARON HAMMERLY vs. CARROWS RESTAURANT/CATALINA RESTAURANT GROUP; MITSUI SUMITOMO MARINE MANAGEMENT is a workers' compensation case decided in San Jose. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Jose.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and amended a prior award to allow attorney's fees under Labor Code section 5814.5. The original award found the employer unreasonably delayed a $6,000 Supplemental Job Displacement Voucher (SJDV) and imposed a 25% penalty, but denied attorney fees. The Board reversed this, holding that attorney fees are applicable when an award requires an SJDV, even if not explicitly listed, as the SJDV's entitlement was clear from the permanent disability award. The Board also affirmed the finding of unreasonable delay and the penalty, while reserving jurisdiction for the parties to determine the reasonable attorney fee.
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