CompFox AI Summary
The Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. This decision addresses penalties for delayed medical treatment and attorney fees awarded under Labor Code sections 5813 and 5814.5. The Board found that penalties could be assessed for delays occurring after a May 29, 2008 order, despite a stipulation in that order. Additionally, the attorney fee award needs recalculation considering the relatively small value of the delayed treatment, pursuant to Ramirez v. Drive Financial Services.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. This decision addresses penalties for delayed medical treatment and attorney fees awarded under Labor Code sections 5813 and 5814.5. The Board found that penalties could be assessed for delays occurring after a May 29, 2008 order, despite a stipulation in that order. Additionally, the attorney fee award needs recalculation considering the relatively small value of the delayed treatment, pursuant to Ramirez v. Drive Financial Services.
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