Home/Case Law/WENYUAN FAN vs. YAYA LOVE, INC., dba OH BABY SUSHI, TECHNOLOGY INSURANCE COMPANY, AMTRUST, INC.
Regular DecisionReconsideration

WENYUAN FAN vs. YAYA LOVE, INC., dba OH BABY SUSHI, TECHNOLOGY INSURANCE COMPANY, AMTRUST, INC.

Filed: Nov 02, 2019
San Jose
ADJ11098848

CompFox AI Summary

This case involves a dispute over a $10,000 penalty awarded for an employer's unreasonable delay in paying temporary disability benefits. The employer sought reconsideration, arguing no penalty petition was filed and the WCJ exceeded authority by holding an expedited hearing solely on the penalty. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. This action was taken due to an absence of evidence supporting the penalty, particularly regarding the timing of the employer's knowledge of the underpayment and their reasonableness.

Full Decision Text1 Pages

This case involves a dispute over a $10,000 penalty awarded for an employer's unreasonable delay in paying temporary disability benefits. The employer sought reconsideration, arguing no penalty petition was filed and the WCJ exceeded authority by holding an expedited hearing solely on the penalty. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. This action was taken due to an absence of evidence supporting the penalty, particularly regarding the timing of the employer's knowledge of the underpayment and their reasonableness.

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WENYUAN FAN vs. YAYA LOVE, INC., dba OH BABY SUSHI, TECHNOLOGY INSURANCE COMPANY, AMTRUST, INC. (2019) – San Jose | CompFox