CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, striking the finding of unreasonable delay and the penalty awarded by the WCJ. While affirming the allowance of Dr. Pazdel's lien, the Board deferred the issue of penalties and interest under Labor Code section 4603.2. The matter was returned to the trial level for further proceedings on penalties and interest, noting that penalties under Labor Code section 5814 are owed to the applicant, not lien claimants, and that applicant's right to penalties was likely waived in the prior stipulation.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, striking the finding of unreasonable delay and the penalty awarded by the WCJ. While affirming the allowance of Dr. Pazdel's lien, the Board deferred the issue of penalties and interest under Labor Code section 4603.2. The matter was returned to the trial level for further proceedings on penalties and interest, noting that penalties under Labor Code section 5814 are owed to the applicant, not lien claimants, and that applicant's right to penalties was likely waived in the prior stipulation.
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