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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8706889
Regular
Feb 16, 2016

Rachel Olson vs. Watsonville Community Hospital, ACE AMERICAN INSURANCE, Gallagher Bassett Services, Inc.

The Workers' Compensation Appeals Board granted reconsideration, affirming an award for industrial injury to the applicant's low back and left hip. However, they reversed the administrative law judge's finding regarding a 10% increase in indemnity benefits under Labor Code section 4650(d). This penalty was deemed inapplicable because a good faith dispute existed regarding liability for additional benefits, and the prior decision was not yet final due to the ongoing appeals process. The Board emphasized that section 4650(d) penalties only apply when liability is not disputed or after all appellate rights have been exhausted.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and Ordersindustrial injuryregistered nurselow back injuryleft hip injurypermanent disabilityfurther medical treatmentlumbar surgery
References
4
Case No. ADJ7275781
Regular
Jun 17, 2013

DAINA ROBERTSON vs. VETERINARY CENTERS OF AMERICA, ZURICH AMERICAN INSURANCE CO.

This case concerns a WCJ's imposition of a 25% penalty for defendant's failure to include a 10% self-imposed penalty under Labor Code section 4650(d) when paying a previous award. The defendant argued no penalty was due as they disputed indemnity periods and paid within fourteen days of the award. The Appeals Board granted reconsideration, rescinded the supplemental award, and returned the matter for further proceedings. This action was taken because the record was unclear regarding whether the defendant's dispute over indemnity payments constituted a genuine dispute that would excuse the 10% increase under section 4650(d).

Labor Code section 4650(d)Supplemental Findings and Awardtemporary total disability indemnitypermanent disability indemnityindustrial injuryleft ankleregistered veterinary technicianAgreed Medical Evaluator (AME)permanent and stationarysurgery
References
4
Case No. ADJ290692 (SRO 0121747) ADJ4310318 (SRO 0121748)
Regular
Oct 20, 2010

HARRY ANTHONY vs. BEAULIEU VINEYARDS, DIAGEO NORTH AMERICA, INC., ACE AMERICAN INSURANCE COMPANY, Administered By BROADSPIRE

This Workers' Compensation Appeals Board case concerns a petition for reconsideration filed by the defendant regarding an award of temporary disability indemnity. The Board granted reconsideration to correct a clerical error in the compensation rate for temporary disability, amending it from $793.60 to the statutory maximum of $529.07 per week. The Board affirmed the WCJ's decision to include a 10% penalty under Labor Code section 4650 for delayed payments, as this is a self-executing, strict liability provision. Finally, the Board noted that the section 4650 penalty issue did not need to be specifically raised by the parties.

ReconsiderationJoint Findings Award and OrderIndustrial InjuryKneesTemporary Disability IndemnityAverage Weekly WageLabor Code Section 4650Increased BenefitsClerical ErrorCompensation Rate
References
6
Case No. ADJ1968383
Regular
Sep 24, 2008

CINDY SOTO vs. IN HOME RX dba 3 WISHES, STATE COMPENSATION INSURANCE FUND

The WCAB denied applicant's petition for reconsideration, finding no evidence that her injury caused permanent disability, thus no requirement for permanent disability advances under Labor Code section 4650(b).

Workers' Compensation Appeals BoardIn Home RX dba 3 WishesState Compensation Insurance FundADJ1968383GOL 0099270Petition for ReconsiderationPermanent Disability AdvancesLabor Code section 5814Labor Code section 4650(b)Labor Code section 4656(c)
References
1
Case No. WCK 45264
Significant

James L. Leinon vs. Fishermen’s Grotto, Mid-Century Insurance Company

The Appeals Board holds that a penalty under Labor Code section 4650(d) does not apply to disputed disability indemnity payments if they are made within 14 days of a final order, decision, or award that imposes liability.

Workers' Compensation Appeals BoardEn BancLabor Code Section 4650(d)Temporary Disability IndemnityFindings and AwardPetition for ReconsiderationDelay LetterIndustrial InjuryAdjudicationDue Process
References
8
Case No. WCK 45264
En Banc
Aug 25, 2004

James L. Leinon vs. Fishermen's Grotto, Mid-Century Insurance Company

The Appeals Board held that a penalty under Labor Code section 4650(d) does not apply to disputed disability indemnity payments that are made within 14 days of a final order, decision, or award that imposes liability for those benefits.

Workers' Compensation Appeals BoardLabor Code section 4650(d)Temporary Disability Indemnity (TDI)PenaltyReconsiderationEn Banc DecisionInjury disputeDisability disputeIndemnity rate disputeFinal order
References
8
Case No. POM 240908, LAO 712097
En Banc

Juan A. Rivera, Calvin Crump vs. Tower Staffing Solutions, State Compensation Insurance Fund, Los Angeles Unified School District, Helmsman Management Service

The Workers' Compensation Appeals Board holds that the 10 percent penalty for late payment under Labor Code section 4650(d) applies only to periodic indemnity payments and not to the lump sum proceeds of commutations or Compromise and Release (C&R) agreements.

En Banc DecisionLabor Code § 4650(d)CommutationCompromise and Release (C&R)Periodic Indemnity PaymentsLump SumDeath BenefitsVocational Rehabilitation Maintenance Allowance (VRMA)PenaltiesLabor Code § 5814
References
14
Case No. POM 240908, LAO 712097
Significant

Juan A. Rivera, Applicant vs. Tower Staffing Solutions, State Compensation Insurance Fund

The Workers' Compensation Appeals Board, in an en banc decision, holds that the 10 percent penalty for late indemnity payments under Labor Code section 4650(d) applies only to periodic payments and not to lump-sum proceeds from commutations or Compromise and Release agreements.

En BancReconsiderationLabor Code Section 5814Labor Code Section 4650(d)Commuted AwardCompromise and ReleaseDeath BenefitsVocational Rehabilitation Maintenance AllowancePeriodic Indemnity PaymentsLump Sum Proceeds
References
13
Case No. MON 0287573
Regular
Aug 26, 2008

ROBERT FLEISCHMAN vs. CITY OF LOS ANGELES, Permissibly Self-Insured

The WCAB rescinds the award of penalty for unreasonable delay in payment of temporary disability indemnity and returns the matter to the trial level to develop the record on this issue. The awards of section 4650(d) penalties and section 5814.5 attorneys’ fees are also rescinded.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityPermanent Disability AdvancesPenaltiesLabor Code § 5814Labor Code § 5814.5Labor Code § 4650(d)Agreed Medical Evaluator (AME)Statute of Limitations
References
4
Case No. ADJ7638471, ADJ7724215
Regular
Jul 11, 2013

SERGIO ANDRADE vs. JOYA FOOD ENTERPRISES, INC dba VALLARTA SUPERMARKETS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal. The defendant sought to rescind an order requiring them to advance permanent disability indemnity based on undisputed medical evidence. The Board found that the administrative law judge's statement was not an order but rather a restatement of Labor Code section 4650(b)(1), which requires advances only when there is a reasonable estimate of permanent disability due. Therefore, the defendant was not aggrieved at this stage.

Petition for RemovalWorkers' Compensation Appeals BoardPermanent Disability IndemnityUndisputed Medical EvidenceLabor Code section 4650(b)(1)Administrative Law JudgeTemporary Disability IndemnityAdvance PaymentsAggrieved PartyDismissed Petition
References
0
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