Home/Case Law/DAINA ROBERTSON vs. VETERINARY CENTERS OF AMERICA, ZURICH AMERICAN INSURANCE CO.
Regular DecisionReconsideration

DAINA ROBERTSON vs. VETERINARY CENTERS OF AMERICA, ZURICH AMERICAN INSURANCE CO.

Filed: Jun 17, 2013
Marina Del Rey
ADJ7275781

CompFox AI Summary

This case concerns a WCJ's imposition of a 25% penalty for defendant's failure to include a 10% self-imposed penalty under Labor Code section 4650(d) when paying a previous award. The defendant argued no penalty was due as they disputed indemnity periods and paid within fourteen days of the award. The Appeals Board granted reconsideration, rescinded the supplemental award, and returned the matter for further proceedings. This action was taken because the record was unclear regarding whether the defendant's dispute over indemnity payments constituted a genuine dispute that would excuse the 10% increase under section 4650(d).

Full Decision Text1 Pages

This case concerns a WCJ's imposition of a 25% penalty for defendant's failure to include a 10% self-imposed penalty under Labor Code section 4650(d) when paying a previous award. The defendant argued no penalty was due as they disputed indemnity periods and paid within fourteen days of the award. The Appeals Board granted reconsideration, rescinded the supplemental award, and returned the matter for further proceedings. This action was taken because the record was unclear regarding whether the defendant's dispute over indemnity payments constituted a genuine dispute that would excuse the 10% increase under section 4650(d).

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DAINA ROBERTSON vs. VETERINARY CENTERS OF AMERICA, ZURICH AMERICAN INSURANCE CO. (2013) – Marina Del Rey | CompFox