Home/Case Law/MATTHEW FALADE vs. DURANDO HOME & DURANDO HOME II, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MATTHEW FALADE vs. DURANDO HOME & DURANDO HOME II, STATE COMPENSATION INSURANCE FUND

Filed: May 20, 2010
ADJ6934855

CompFox AI Summary

The Appeals Board granted reconsideration of the WCJ's Findings and Award, finding it necessary to return the case to the trial level for further proceedings. The original award included penalties for delayed and improperly paid temporary disability benefits, as well as for failure to provide physical therapy. The Board determined the WCJ's penalty awards lacked sufficient explanation and consideration of relevant factors. Additionally, issues surrounding attorney's fees under Labor Code §5814.5 were unclear, and the defendant presented insufficient evidence to support its defense regarding payment delays.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of the WCJ's Findings and Award, finding it necessary to return the case to the trial level for further proceedings. The original award included penalties for delayed and improperly paid temporary disability benefits, as well as for failure to provide physical therapy. The Board determined the WCJ's penalty awards lacked sufficient explanation and consideration of relevant factors. Additionally, issues surrounding attorney's fees under Labor Code §5814.5 were unclear, and the defendant presented insufficient evidence to support its defense regarding payment delays.

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MATTHEW FALADE vs. DURANDO HOME & DURANDO HOME II, STATE COMPENSATION INSURANCE FUND (2010) – | CompFox