Home/Case Law/Rachel Olson vs. Watsonville Community Hospital, ACE AMERICAN INSURANCE, Gallagher Bassett Services, Inc.
Regular DecisionWorkers' Compensation

Rachel Olson vs. Watsonville Community Hospital, ACE AMERICAN INSURANCE, Gallagher Bassett Services, Inc.

Filed: Feb 16, 2016
Salinas
ADJ8706889

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, affirming an award for industrial injury to the applicant's low back and left hip. However, they reversed the administrative law judge's finding regarding a 10% increase in indemnity benefits under Labor Code section 4650(d). This penalty was deemed inapplicable because a good faith dispute existed regarding liability for additional benefits, and the prior decision was not yet final due to the ongoing appeals process. The Board emphasized that section 4650(d) penalties only apply when liability is not disputed or after all appellate rights have been exhausted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, affirming an award for industrial injury to the applicant's low back and left hip. However, they reversed the administrative law judge's finding regarding a 10% increase in indemnity benefits under Labor Code section 4650(d). This penalty was deemed inapplicable because a good faith dispute existed regarding liability for additional benefits, and the prior decision was not yet final due to the ongoing appeals process. The Board emphasized that section 4650(d) penalties only apply when liability is not disputed or after all appellate rights have been exhausted.

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Rachel Olson vs. Watsonville Community Hospital, ACE AMERICAN INSURANCE, Gallagher Bassett Services, Inc. (2016) – Salinas | CompFox