Home/Case Law/APOLINAR J. OVALLE vs. SHAW DIVERSIFIED SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

APOLINAR J. OVALLE vs. SHAW DIVERSIFIED SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY

Filed: Jul 21, 2009
San Francisco
ADJ1819973 (AHM 0131097)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the defendant improperly calculated permanent disability advances under a Compromise and Release (C&R). The Board determined the applicant is owed the remaining $3,910.00 balance from the C&R, plus interest. Furthermore, the defendant's delay in payment was deemed unreasonable, warranting a 10% Labor Code section 5814 penalty and a statutory attorney's fee for enforcing the award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the defendant improperly calculated permanent disability advances under a Compromise and Release (C&R). The Board determined the applicant is owed the remaining $3,910.00 balance from the C&R, plus interest. Furthermore, the defendant's delay in payment was deemed unreasonable, warranting a 10% Labor Code section 5814 penalty and a statutory attorney's fee for enforcing the award.

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APOLINAR J. OVALLE vs. SHAW DIVERSIFIED SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY (2009) – San Francisco | CompFox