Home/Case Law/Clifford Nichols vs. California Department of Consumer Affairs, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)
Regular DecisionReconsideration

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

Filed: Feb 01, 2010
San Francisco
ADJ781247 (VNO 0510125)

CompFox AI Summary

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.

Full Decision Text1 Pages

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.

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Clifford Nichols vs. California Department of Consumer Affairs, STATE COMPENSATION INSURANCE FUND (Adjusting Agent) (2010) – San Francisco | CompFox