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

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
Case No. ADJ2192154
Regular
Feb 22, 2011

IRMA ZAMORA vs. STATE OF CALIFORNIA DEPARTMENT OF AGRICULTURE, Legally Uninsured

This case involves an applicant's petition to reopen for new and further disability following a previous workers' compensation award for back injury. The defendant sought reconsideration, arguing the judge erred by not crediting prior disability payments and by awarding a penalty on the entire new and further disability. The Workers' Compensation Appeals Board denied reconsideration, finding the judge's award implicitly credited prior payments and that a penalty was warranted due to unreasonable delay in payment following receipt of an Agreed Medical Examiner's report indicating increased disability. The Board corrected a clerical error in the award to clarify credit was given.

WORKERS' COMPENSATION APPEALS BOARDLegally UninsuredPetition to Reopennew and further disabilitypermanent disabilitypenaltydelayed paymentStipulated AwardAgreed Medical ExaminerLabor Code §4650
References
Case No. ADJ10330377
Regular
Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

This case concerns a defendant's petition for reconsideration regarding a 10% penalty for underpayment of temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The penalty was adjusted to apply only to the specific amount of temporary disability that was delayed, not the entire awarded sum, in accordance with Labor Code section 5814.

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay
References
Case No. SBA 0076630
Regular
Mar 03, 2008

Janice Brackenridge-DeGraff vs. ACTMEDIA, INC., INTERCARE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior decision that denied penalties for delayed payment. The Board found the employer unreasonably delayed payment of the compromise and release agreement by 10 days beyond the agreed-upon 30-day deadline. Consequently, the Board awarded a 5% penalty on the delayed amount and a separate 5% penalty for the unreasonable delay in paying the legally owed interest.

Labor Code section 5814ReconsiderationCompromise and ReleasePenaltyUnreasonable DelayPaymentInterestAttorney's FeesCIGAWCJ
References
Case No. ADJ9602729; ADJ9602730
Regular
Feb 03, 2023

MARIA VALLEJO vs. VENTURA COUNTY OFFICE OF EDUCATION, PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK RISK SERVICES GROUP

The applicant sought penalties, interest, and attorney fees for the defendant's delayed payment of a Compromise and Release settlement. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior decision that denied penalties. The WCAB found that the defendant's over 80-day delay in payment was unreasonable and that the defendant failed to provide evidence demonstrating timely mailing of the settlement funds. Consequently, the WCAB awarded the applicant penalties, interest, and attorney fees under relevant Labor Code sections.

Compromise and ReleaseOrder Approving C&RPermanent Disability AdvancesPenaltiesInterestAttorney's FeesLabor Code sections 4650(d)58145814.5Unreasonably Delayed Payment
References
Case No. GOL 99843
Regular
Oct 03, 2007

KATHLEEN STARTZMAN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's decision, ruling that Labor Code Section 4656(c)(1) limits temporary disability payments to 104 weeks within a two-year period from the initial payment date for a single injury. The WCAB found the employer had met this obligation by paying the maximum compensable weeks allowed, even with prior interruptions and retroactive payments. Consequently, there was no basis for additional temporary disability payments or the imposed penalty for unreasonable delay.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year limitationcommencement of temporary disability paymentintermittent paymentsHawkins v. Amberwood Productspetition to terminate liabilityLabor Code section 5814.1penalty
References
Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
Case No. ADJ7191867
Regular
Mar 23, 2012

ARTURO ESCOBAR vs. HENRY WINE GROUP dba ZEPHYR EXPRESS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision because the WCJ's imposition of a 20% penalty for delayed payment did not adequately explain the penalty amount based on established legal factors. While a delay in payment was found, the Board remanded the case for the WCJ to re-evaluate penalties and interest by clearly applying factors from relevant case law and justifying the awarded amounts with specific evidence. The original decision also failed to separately address statutory interest owed on the delayed payment. The Board emphasized the need for decisions to articulate the evidentiary basis and reasoning for penalty assessments.

Labor Code section 5814Petition for ReconsiderationFindings and AwardWCJZurich American Insurance CompanyArturo EscobarHenry Wine GroupZephyr ExpressCompromise & Releasepenalty
References
Case No. ADJ1186395 (MON 0254521) ADJ1992738 (MON 0256181)
Regular
Jun 29, 2009

Lavon Leach vs. Los Angeles Unified School District, Adjusted by SEDGWICK CLAIMS MANAGEMENT

This case concerns penalties assessed against Los Angeles Unified School District for delayed or incorrect workers' compensation payments to Lavon Leach. The WCJ found the District liable for penalties under Labor Code sections 5814 and 4650(d) for various payment delays, including permanent disability, interest, and attorney fees. Both parties sought reconsideration; the applicant argued penalties should apply to the full award amounts, not just delayed portions, while the defendant contested liability for penalties and certain payment increases. The Appeals Board affirmed the WCJ's Supplemental Findings and Award, adopting the judge's reasoning and finding that claims not raised at trial could not be litigated.

Labor Code section 5814Labor Code section 4650(d)permanent disabilitypenaltiesinterestattorney's feesdelayed paymentsreconsiderationSupplemental Findings and AwardWCJ
References
Case No. ADJ207630 (VNO 0423900), ADJ4689357 (VNO 0462906)
Regular
Feb 11, 2015

MANUEL PASQUIER vs. VOLUTONE DISTRIBUTING COMPANY, VIRGINIA SURETY INSURANCE COMPANY

This case concerns applicant Manuel Pasquier's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB initially found that the defendant unreasonably delayed three lump sum payments, resulting in interest, a $10,000 penalty under Labor Code § 5814, and attorney's fees. Pasquier argued for multiple penalties, citing the distinct nature of the payments, while the WCAB affirmed the single penalty, viewing the late payments as one act of unreasonable delay. The majority also upheld the WCJ's attorney's fee calculation, disagreeing with Pasquier's claim for higher fees and hours. However, one Board member dissented, arguing that the three distinct payments (disability indemnity, MSA seed money, and attorney's fees) constituted separate acts of unreasonable delay, each warranting an individual penalty, and supported the higher attorney's fee rate.

Compromise and ReleaseJoint Findings of Fact and Orderunreasonable delaylump sum paymentsLabor Code section 5814attorney's feeLabor Code section 5814.5Petition for Reconsiderationworkers' compensation administrative law judgeseparate acts
References
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