Floyd Turner vs. Baltimore Ravens; Travelers Indemnity Company

Baltimore Ravens; Travelers Indemnity Company Floyd Turner WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFLOYD TURNER, Applicant,vs.BALTIMORE RAVENS; TRAVELERS INDEMNITY COMPANY, Defendants.Case No. ADJ6669029(Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION            On June 1, 2012, we granted defendants Baltimore Ravens and Travelers Indemnity (collectively, defendant)’s petition for reconsideration to further study the facts and applicable law and issue a just and reasoned decision. This is our decision after reconsideration.            Defendant sought reconsideration of the Findings and Award (F&A) issued by the workers’ compensation administrative law judge (WCJ) on March 7, 2012. In that F&A, the WCJ found in pertinent part that defendant was liable for a 25% penalty under Labor Code1 section 5814, attorney’s fees under section 5814.5, and sanctions under section 5813 after it failed to pay the commuted applicantattorney’s fee for more than six months. The attorney’s fee was based on applicant Floyd Turner (applicant)’s life pension as set forth in the Stipulations with Request for Award (Stipulation) and Award (Award).            Defendant contended that it should not be liable for penalties, attorney’s fees, or sanctions because defendant “misunderstood” how the fee was to be paid and how it was to be calculated, but that once defendant was aware of the claimed amount of the fee, it only refused to pay it for thirty days. 1 Unless otherwise stated, all statutory references are to the Labor Code. , We received an answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to the petition, which recommended denial of the defendant’s petition.            We have reviewed the record and considered the allegations of the petition for reconsideration and the answer and the contents of the Report. Based on our review of the record, and for the reasons stated below and for the reasons stated in

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