CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded an award of attorney's fees, finding they are only available under Labor Code § 5814.5 "in addition to" a penalty award under Labor Code § 5814 for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.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded an award of attorney's fees, finding they are only available under Labor Code § 5814.5 "in addition to" a penalty award under Labor Code § 5814 for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.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.