CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision, upholding the denial of a second penalty for unreasonably delayed permanent disability indemnity. The applicant sought two separate Labor Code section 5814 penalties, but the Board found the employer's failure to pay indemnity and the related section 4650(d) penalty constituted a single continuous act of non-payment, not separate and distinct acts as required by Christian v. WCAB. Additionally, the petition for reconsideration was denied for failing to include proof of service and notice of the applicant's right to independent counsel.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision, upholding the denial of a second penalty for unreasonably delayed permanent disability indemnity. The applicant sought two separate Labor Code section 5814 penalties, but the Board found the employer's failure to pay indemnity and the related section 4650(d) penalty constituted a single continuous act of non-payment, not separate and distinct acts as required by Christian v. WCAB. Additionally, the petition for reconsideration was denied for failing to include proof of service and notice of the applicant's right to independent counsel.
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