Home/Case Law/JOSE GALARRETA vs. H.R. STAFFING, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOSE GALARRETA vs. H.R. STAFFING, STATE COMPENSATION INSURANCE FUND

Filed: Jul 16, 2007
LAO 843759

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior administrative law judge's (WCJ) award due to confusion regarding the defendant's compensation payments, the applicant's penalty claims, and the WCJ's reasoning. The WCAB returned the case to the trial level for clarification on specific payment delays, penalty calculations, and the basis for attorney's fees awarded under Labor Code § 5814.5. The WCAB emphasized the need for specific findings on what compensation was delayed, when it was due and paid, and why any penalty was imposed to ensure fair and substantial justice between the parties.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior administrative law judge's (WCJ) award due to confusion regarding the defendant's compensation payments, the applicant's penalty claims, and the WCJ's reasoning. The WCAB returned the case to the trial level for clarification on specific payment delays, penalty calculations, and the basis for attorney's fees awarded under Labor Code § 5814.5. The WCAB emphasized the need for specific findings on what compensation was delayed, when it was due and paid, and why any penalty was imposed to ensure fair and substantial justice between the parties.

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JOSE GALARRETA vs. H.R. STAFFING, STATE COMPENSATION INSURANCE FUND (2007) – | CompFox