ERICA COX vs. STATE OF CALIFORNIA, DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to modify a penalty award, affirming the applicant's entitlement to retroactive temporary disability. The defendant improperly terminated benefits without filing a petition to terminate, and thus cannot rely on the applicant to prove ongoing disability. The Board also clarified the Labor Code section 5814 penalty is capped at $10,000 and deferred attorney fees for enforcing the penalty.