CompFox AI Summary
This case concerns an applicant's claim for Labor Code section 5814 penalties due to the defendant's alleged unreasonable refusal to pay temporary and permanent disability benefits. The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of penalties was properly before the trial judge despite the lack of a formal penalty petition. The Board determined that the original decision lacked sufficient explanation for denying penalties, given evidence suggesting delayed payments and the opinion of a doctor regarding the industrial nature of the applicant's disability. Consequently, the matter is returned to the trial level for further development of the record and determination on the merits of the section 5814 penalty claim.
Full Decision Text1 Pages
This case concerns an applicant's claim for Labor Code section 5814 penalties due to the defendant's alleged unreasonable refusal to pay temporary and permanent disability benefits. The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of penalties was properly before the trial judge despite the lack of a formal penalty petition. The Board determined that the original decision lacked sufficient explanation for denying penalties, given evidence suggesting delayed payments and the opinion of a doctor regarding the industrial nature of the applicant's disability. Consequently, the matter is returned to the trial level for further development of the record and determination on the merits of the section 5814 penalty claim.
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