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

Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ11035614
Regular
Feb 07, 2020

EDELIA CARDONA vs. VALJEN, INC. DBA CAESARS PIZZA, STATE FARM CALIFORNIA WORKERS' COMPENSATION

In this case, the applicant sought reconsideration after the WCJ denied attorney's fees under Labor Code Section 5814.5. The applicant's attorney incurred fees attempting to collect a previously awarded attorney's fee that the defendant unreasonably delayed paying. The Appeals Board rescinded the prior decision, finding Section 5814.5 applicable in this scenario, as established by precedent in *Turner*. The matter was returned to the trial level to further develop the record on sanctions under Sections 5813, 5814, and 5814.5.

Labor Code sections 581358145814.5attorney's feesunreasonable delaybad faithstipulated attorney's feePetition for ReconsiderationReport and Recommendationcase of first impression
References
7
Case No. ADJ1309169 (AHM 0045971)
Regular
Jul 30, 2009

MARY PRUITT vs. CNA INSURANCE CO., AMERICAN CASUALTY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of attorneys' fees under Labor Code § 5814.5. The Board found the prior decision lacked a proper evidentiary record and the necessary predicate finding of increased compensation under Labor Code § 5814 required for § 5814.5 attorneys' fees. The case was returned to the trial level for further proceedings to ensure compliance with evidentiary record requirements and to re-evaluate the § 5814.5 attorneys' fees issue.

WCABReconsiderationLabor Code § 5814.5Attorneys' FeesIncreased CompensationLabor Code § 5814Findings and AwardWCJEvidence RecordMinutes of Hearing
References
1
Case No. RIV 0077306
Regular
May 09, 2008

D. ENVER CLAWSON vs. PIER ONE IMPORTS, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an award of attorney's fees, finding they are only available under Labor Code § 5814.5 "in addition to" a penalty award under Labor Code § 5814 for unreasonable delay or refusal of treatment. Because the applicant did not seek a § 5814 penalty, the WCAB returned the case for further proceedings to allow the applicant to pursue such a penalty.

Workers' Compensation Appeals BoardReconsiderationLabor Code § 5814.5Labor Code § 5814Attorney's FeesMedical TreatmentStipulated AwardUnreasonable DelayRefusal to Provide TreatmentPenalty
References
1
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
1
Case No. ADJ11836757
Regular
Sep 09, 2019

Greg Joshua vs. Legend Transportation, National Interstate Insurance

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of Labor Code section 5814 penalties, finding the administrative law judge's initial award premature. The Board determined that Dr. Schmidt's reports constituted substantial medical evidence regarding the applicant's temporary total disability for his left shoulder injury, despite the defendant's arguments about incomplete medical history. However, the Board found that section 5814 penalties are not appropriate for expedited hearings and must be addressed separately. The case is returned to the WCJ for further proceedings specifically on the section 5814 penalty issue.

ADJ11836757AOE/COEPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityLabor Code Section 5814Substantial Medical EvidencePrimary Treating PhysicianDr. SchmidtCredibility
References
10
Case No. ADJ2858053 (SAC 322872)
Regular
Jan 22, 2009

RENEE K. ROBLES vs. ANHEUSER-BUSCH INC., SPECIALTY RISK SERVICES

The Appeals Board affirmed the WCJ's decision to impose a penalty on the defendant for unreasonably delaying medical care, but rescinded the award of attorney's fees as both a percentage of the penalty and pursuant to section 5814.5, allowing them only pursuant to section 5814.5.

Workers' Compensation Appeals BoardAnheuser BuschInc.specialty risk servicesindustrial injuryhead injuryneuropsychiatric symptom complexdiagnostic testingutilization reviewunreasonable delay
References
1
Case No. ADJ4579659
Significant
Sep 09, 2008

Dee Anne Ramirez, Applicant vs. Drive Financial Services, One Beacon Insurance Co.

The Appeals Board, in an en banc decision, holds that penalties under Labor Code section 5814(a) are discretionary, successive penalties are permissible under specific circumstances, and attorney's fees under section 5814.5 apply to private employers for unreasonable delays occurring after January 1, 2003, regardless of the injury date.

WCABLabor Code section 5814Labor Code section 5814.5penaltyattorney feesen bancreconsiderationdiscretionary penaltysuccessive penaltyunreasonable delay
References
32
Case No. ADJ4579659
En Banc
Sep 09, 2008

DEE ANNE RAMIREZ vs. DRIVE FINANCIAL SERVICES, ONE BEACON INSURANCE CO.

The Appeals Board holds that penalties under Labor Code section 5814(a) are discretionary, clarifies when successive penalties are appropriate, and confirms that section 5814.5 attorney's fees apply to unreasonable delays occurring after its 2003 effective date, regardless of the injury date, calculated based on a reasonable hourly rate.

Workers' Compensation Appeals Boarden bancLabor Code section 5814penaltiesattorney feesLabor Code section 5814.5unreasonable delaycompromise and releasesuccessive penaltygenuine doubt
References
32
Case No. SFO 483527
Regular
Aug 07, 2007

CARLOS CORTEZ vs. APRIA HEALTHCARE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board granted reconsideration and affirmed a finding of unreasonable delay in providing a supplemental job displacement voucher. The Board upheld the $25\%$ increase to the voucher's value and attorney's fees under Labor Code sections $5814$ and $5814.5$, respectively. However, the calculation of both the increased voucher amount and attorney fees was deferred pending further proceedings to determine their exact values.

Supplemental Job Displacement VoucherCompromise and ReleaseLabor Code section 5814Unreasonable DelayPermanent DisabilityReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeAttorneys' FeeLabor Code section 4658.5
References
1
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