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

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The Workers' Compensation Appeals Board (WCAB) rescinded an award of attorney's fees, finding they are only available under Labor Code § 5814.5 "in addition to" a penalty award under Labor Code § 5814 for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. 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. ADJ10977396
Regular
Apr 09, 2019

PEDRO OSORIO vs. BUENAVENTURA RANCH, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case concerns an applicant's claim for Labor Code section 5814 penalties due to the defendant's alleged unreasonable refusal to pay temporary and permanent disability benefits. The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of penalties was properly before the trial judge despite the lack of a formal penalty petition. The Board determined that the original decision lacked sufficient explanation for denying penalties, given evidence suggesting delayed payments and the opinion of a doctor regarding the industrial nature of the applicant's disability. Consequently, the matter is returned to the trial level for further development of the record and determination on the merits of the section 5814 penalty claim.

Labor Code Section 5814Petition for ReconsiderationFindings and AwardTemporary Disability BenefitsPermanent Disability BenefitsUnreasonable Refusal to PayWCJ Report and RecommendationDeposition of Dr. PearsonBenefits PrintoutNotice of Permanent Disability Payments
References
8
Case No. ADJ2529270 (MON0205624)
Regular
Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found an award was paid timely without penalties. Applicant contended the defendant failed to include interest with the award payment, entitling them to penalties and attorney fees. The Board found the WCJ's decision failed to address the timeliness of interest payment and the applicability of penalties under Labor Code sections 5814 and 5814.5. The case is returned to the WCJ for further proceedings and a new decision regarding potential penalties and attorney fees for the delayed interest payment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5
References
6
Case No. ADJ347577
Regular
Mar 09, 2011

STEPHEN FLANNERY vs. G & O SERVICES, ODIE PRETTYMAN, PACIFIC BELL, CAMBRIDGE SACRAMENTO, HELMSMAN MANAGEMENT, SEDGWICK CIGA GLENDALE

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration regarding a penalty on delayed temporary disability payments. The WCJ had previously ordered Pacific Bell to pay the overdue temporary disability benefits and deferred the penalty issue. Pacific Bell argued the penalty claim was resolved under Labor Code §5814(c) upon payment, but the Board found no merit in this argument. The matter is returned to the trial level for resolution of the applicant's attorney fees related to the penalty under Labor Code §5814.5.

Workers' Compensation Appeals BoardReconsiderationLabor Code §5814.5Attorneys' FeesCalifornia Insurance Guarantee Association (CIGA)Pacific BellTemporary Disability IndemnityPenaltiesInterestAward
References
0
Case No. ADJ8835104
Regular
Feb 21, 2023

SHERRY DULANEY vs. JOHN MUIR MEDICAL CENTER, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify that Labor Code section 5814 penalties for delayed compensation are payable to the applicant, not their attorney. The Board affirmed the WCJ's decision to award penalties due to the defendant's unreasonable delay in paying a settlement award. The issue of separate section 5814.5 fees was deferred for further consideration. The decision confirms the applicant's entitlement to penalties for late payment of compensation.

WCABPetition for ReconsiderationLabor Code section 5814penaltiesunreasonable delayattorney feesStipulation with Request for AwardAdjudication Numberpermanent disabilityindustrial injury
References
1
Case No. ADJ781247 (VNO 0510125)
Regular
Feb 01, 2010

Clifford Nichols vs. California Department of Consumer Affairs, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a Labor Code section 5814 penalty, affirming the penalty was correctly applied to the delayed interest amount, not the underlying award. However, the Board granted reconsideration on its own motion to reverse an attorney's fee award under section 5814.5, as state entities are exempt from this provision. The applicant's attorney was awarded a lien against the penalty and interest, equivalent to 15% of the total amount secured.

Workers' Compensation Appeals BoardLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings of Fact and AwardWCJUnreasonable DelayInterest PaymentTemporary Disability AwardStipulations with Request for Award
References
1
Case No. VNO 113665 VNO 113666 VNO 113667 VNO 113668
Regular
Aug 06, 2007

MARIA A. GARCIA vs. CITY OF LOS ANGELES LIBRARY SERVICES

The Workers' Compensation Appeals Board granted reconsideration and reversed a WCJ's award of penalties and attorney fees against the City of Los Angeles for delayed payment of home healthcare charges. The Board found that while payments were delayed, Labor Code section 5814(e) bars penalties when the only dispute concerns the payment of a provider's bill, not a denial of treatment. Furthermore, the Board found no basis to assess penalties under Labor Code section 5814.6 for a pattern of business practice violation.

Labor Code 5814Labor Code 5814.5Labor Code 5814.6unreasonable delayhome health carebilling disputemedical treatmentnursing servicespenaltyattorney fees
References
3
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
3
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
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