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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).
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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).
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