WARNER BROTHERS CONSUMER PRODUCTS; permissibly self-insured, : administered by WARNER BROTHERS WORKERS’ COMPENSATION, BRADFORD BRAUN (Deceased), AKIKO BRAUN (Widow), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRADFORD BRAUN (Deceased),AKIKO BRAUN (Widow), Applicant,vs.WARNER BROTHERS CONSUMER PRODUCTS; permissibly self-insured, administered by WARNER BROTHERS WORKERS’ COMPENSATION, Defendant(s).Case No. ADJ878472 (MON 0334515)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award filed and served on July 27, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that defendant unreasonably delayed payment pursuant to the July 7, 2008 Findings and Award. She awarded applicant a penalty of 25% of the delayed amount, not to exceed $10,000.00, and awarded an attorney’s fee pursuant to Labor Code section 5814.5. In the July 7, 2008 Findings and Award, the WCJ had found that Bradford Braun, while employed as a vice president on December 7, 2004, sustained industrial injury due to hypertension and stroke, resulting in industrial death on February 2, 2005, and the WCJ had awarded temporary disability indemnity and death benefits. Defendant contends the WCJ erred in awarding a penalty, arguing that the payment was not delayed, as the award was paid within 14 days of the denial of defendant’s petition for writ of review. We have considered the Petition for Reconsideration and applicant’s Opposition to Petition for Reconsideration, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons discussed below, we will rescind the Findings and Award, deny applicant’s Petition for Penalty and Sanctions, and find that defendant did not unreasonably delay payment of benefits and
Bradford Braun (deceased), Akiko Braun (widow), vs. Warner Brothers Consumer Products; Permissibly Self-insured, : Administered By Warner Brothers Workers’ Compensation,
(MON 0334515)This case involves the widow of Bradford Braun, Akiko Braun, and Warner Brothers Consumer Products, who is permissibly self-insured and administered by Warner Brothers Workers' Compensation. Akiko Braun filed an application for adjudication for death benefits, alleging that Bradford Braun's death was due to hypertension and a stroke that occurred while he was employed by Warner Brothers Consumer Products. After a trial, the WCJ found that the applicant did sustain an industrial injury due to hypertension and stroke, resulting in death. The defendant filed a timely petition for reconsideration, which was denied. Akiko Braun then filed a petition for penalty and sanctions, stating that the defendant had paid the award, but without the Labor Code section 4650
- Filed On:
- Court: California, San Francisco
- Case No. ADJ878472
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