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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. 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. ADJ9932467
Regular
Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied an applicant's petition for reconsideration, affirming the WCJ's decision that "Return-To-Work" supplemental payments under Labor Code section 139.48 are not "compensation" as defined by Labor Code section 3207. Therefore, the applicant was not entitled to a second penalty under Labor Code section 5814 for the employer's delay in providing a Supplemental Job Displacement Benefit voucher, as that delay did not cause a delay in a compensable benefit. The Board found that the applicant's penalty claim for the voucher delay was already resolved and that imposing a second penalty for a non-compensable benefit delay would be unfair and against the principle of balancing justice.

Labor Code section 139.48Return-To-Work supplemental paymentscompensation definitionLabor Code section 3207Labor Code section 5814 penaltyLabor Code section 4658.7 voucherSupplemental Job Displacement Benefitcompromise and release agreementGage v. Workers' Comp. Appeals Bd.unreasonable delay
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. ADJ17388371
Regular
Sep 25, 2025

Doug McCullough vs. Modesto Fire Department, Salida Fire Protection Department District

The defendant, Modesto Fire Department, sought reconsideration of a June 12, 2025, Findings of Fact and Order which imposed two penalties on them for unreasonably delayed benefits to the applicant under Labor Code Section 5814.3. The Appeals Board denied the Petition for Reconsideration, adopting the Workers' Compensation Judge's report. The Board concluded that the defendant had sufficient information to apply the presumption of industrial causation under Labor Code Section 3212.1 and unreasonably denied both inter vivos and death claims, thereby warranting the penalties. The decision also noted a failure to provide accurate notice of case transmission to the Appeals Board as required by Labor Code section 5909(b)(1).

WCABPetition for ReconsiderationLabor Code Section 5909TransmissionSixty-Day PeriodNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationFindings of Fact and OrderLabor Code Section 5814.3
References
0
Case No. SAC 0343628
Regular
Feb 25, 2008

LILIAN WILKINSON vs. VETERANS HOME and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, striking the finding of unreasonable delay and the penalty awarded by the WCJ. While affirming the allowance of Dr. Pazdel's lien, the Board deferred the issue of penalties and interest under Labor Code section 4603.2. The matter was returned to the trial level for further proceedings on penalties and interest, noting that penalties under Labor Code section 5814 are owed to the applicant, not lien claimants, and that applicant's right to penalties was likely waived in the prior stipulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrdersIndustrial InjuryCertified Nursing AssistantLow Back InjuryRight Hip InjuryStipulations with Request for AwardUtilization ReviewLabor Code Section 5814
References
3
Case No. ADJ2589823, ADJ3219675, and ADJ2540345
Regular
Jan 15, 2018

KIM RIVERS vs. AON CORPORATION

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award. The Board found the defendant unreasonably delayed both permanent and temporary disability indemnity payments, warranting two separate $10,000 Labor Code section 5814 penalties. The applicant's counsel was awarded $6,000 in attorney's fees under Labor Code section 5814.5 for enforcing the prior award. Further penalties and fees for delays after the initial award were deferred.

Labor Code section 5814Labor Code section 5814.5Petition for ReconsiderationFindings and AwardStipulation and Awardpermanent disability indemnitytemporary disability indemnityunreasonably delayedattorney feesWCJ
References
1
Case No. ADJ8010054
Regular
Feb 18, 2016

REBECCA GAGE vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) reversed a prior ruling that disability pension advances under Labor Code section 4850.4 constitute "compensation" subject to penalties for unreasonable delay. The Board held that these advances are distinct from workers' compensation benefits and are administered through a separate system, thus not triggering Labor Code section 5814 penalties. This decision aligns with prior rulings regarding similar special benefits for public safety officers under section 4850. Consequently, any unreasonable delay in paying these advances is not subject to a penalty.

Labor Code section 4850.4disability pension advancescompensationLabor Code section 3207Labor Code section 5814penaltyremovalreconsiderationdeputy sheriffCounty of Sacramento
References
20
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. ADJ3765992 (SRO 0132531)
Regular
Apr 06, 2011

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on Community Hospital of Monterey Peninsula's (CHOMP) petition regarding a penalty assessed for delayed payment to CIGA. The WCAB amended the prior order, ruling that CHOMP is not liable for a Labor Code section 5814 penalty because this section applies only to delays in payments to injured workers, not to reimbursements between defendants. However, the WCAB affirmed the prior finding that CHOMP engaged in bad-faith litigation tactics, upholding sanctions under Labor Code section 5813. The final order also clarified the amount owed to CIGA and affirmed the attorney's fees awarded to the applicant's counsel.

Workers Compensation Appeals BoardSurgical Staff NorthCalifornia Insurance Guarantee AssociationCommunity Hospital of Monterey PeninsulaUnreasonable DelayBad Faith LitigationLabor Code Section 5814Labor Code Section 5813Labor Code Section 4064(c)Permanent Disability
References
2
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