CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to review a WCJ's decision awarding a 25% penalty and attorney's fees for delayed payment of a Compromise and Release. The Board found the WCJ erred by not explaining the penalty calculation and by potentially barring defendant's witness testimony. Furthermore, the Board indicated that attorney's fees should not be awarded for the initial unsuccessful penalty petition. Therefore, the matter was returned to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to review a WCJ's decision awarding a 25% penalty and attorney's fees for delayed payment of a Compromise and Release. The Board found the WCJ erred by not explaining the penalty calculation and by potentially barring defendant's witness testimony. Furthermore, the Board indicated that attorney's fees should not be awarded for the initial unsuccessful penalty petition. Therefore, the matter was returned to the trial level for further proceedings and a new decision.
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