CompFox AI Summary
This case involves a dispute over a $10,000 penalty awarded for an employer's unreasonable delay in paying temporary disability benefits. The employer sought reconsideration, arguing no penalty petition was filed and the WCJ exceeded authority by holding an expedited hearing solely on the penalty. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. This action was taken due to an absence of evidence supporting the penalty, particularly regarding the timing of the employer's knowledge of the underpayment and their reasonableness.
Full Decision Text1 Pages
This case involves a dispute over a $10,000 penalty awarded for an employer's unreasonable delay in paying temporary disability benefits. The employer sought reconsideration, arguing no penalty petition was filed and the WCJ exceeded authority by holding an expedited hearing solely on the penalty. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. This action was taken due to an absence of evidence supporting the penalty, particularly regarding the timing of the employer's knowledge of the underpayment and their reasonableness.
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