CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and amended a prior award to allow attorney's fees under Labor Code section 5814.5. The original award found the employer unreasonably delayed a $6,000 Supplemental Job Displacement Voucher (SJDV) and imposed a 25% penalty, but denied attorney fees. The Board reversed this, holding that attorney fees are applicable when an award requires an SJDV, even if not explicitly listed, as the SJDV's entitlement was clear from the permanent disability award. The Board also affirmed the finding of unreasonable delay and the penalty, while reserving jurisdiction for the parties to determine the reasonable attorney fee.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and amended a prior award to allow attorney's fees under Labor Code section 5814.5. The original award found the employer unreasonably delayed a $6,000 Supplemental Job Displacement Voucher (SJDV) and imposed a 25% penalty, but denied attorney fees. The Board reversed this, holding that attorney fees are applicable when an award requires an SJDV, even if not explicitly listed, as the SJDV's entitlement was clear from the permanent disability award. The Board also affirmed the finding of unreasonable delay and the penalty, while reserving jurisdiction for the parties to determine the reasonable attorney fee.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.