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Regular DecisionWorkers' Compensation

Miguel Pena vs. Aqua Systems, Athens Administrators Concord

Filed: Feb 25, 2019
San Luis Obispo
ADJ10308959

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior Findings and Award. The Board found that the applicant sustained an industrial injury to his psyche and that the defendant unreasonably delayed authorizing medical care for this condition. Consequently, a 25% penalty was imposed on the applicant's first visit with Dr. Lorant. However, the Board also determined that attorney's fees under Labor Code section 5814.5 were not warranted as there was no prior award specifically for psychiatric treatment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior Findings and Award. The Board found that the applicant sustained an industrial injury to his psyche and that the defendant unreasonably delayed authorizing medical care for this condition. Consequently, a 25% penalty was imposed on the applicant's first visit with Dr. Lorant. However, the Board also determined that attorney's fees under Labor Code section 5814.5 were not warranted as there was no prior award specifically for psychiatric treatment.

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Miguel Pena vs. Aqua Systems, Athens Administrators Concord (2019) – San Luis Obispo | CompFox