PINKERTON; ACE, RICHARD DENNY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD DENNY, Applicant,vs.PINKERTON; ACE, Defendant(s).Case No. ADJ4700532 (OAK 0284985)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of September 1, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that on August 9, 2007, the WCJ issued a Findings and Award (F&A) wherein it was found that applicant is entitled to vocational rehabilitation maintenance allowance (VRMA) payable at the medical temporary disability (TD) rate from July 22, 2002 to June 11, 2004 less an attorney’s fee of 15%, that the F&A became final on November 26, 2007, that defendant issued a check for $16,701.22 to applicant on December 6, 2007 which unreasonably underpaid applicant and entitles him to a 25% penalty under Labor Code section 5814, that defendant issued a check to applicant’s attorney on December 6, 2007 which was sent to the wrong address and resulted in an unreasonable delay, justifying a 25% penalty under section 5814, that applicant died on August 12, 2008 and the County Counsel for Alameda County represents applicant’s conservator and his estate as public guardian, that defendant unreasonably delayed payment of $16,701.22 to the County Counsel following execution of a Stipulated Award (S&A) during a hearing on November 13, 2008, when County Counsel was assured it could deposit the check into its trust account, that the payment of that check justifies an additional penalty of 2 5% under section 5814 and is a separate and distinct violation because the November 13, 2008 S&A was an intervening event between the two violations, that defendant has not appropriately paid interest on the delayed VRMA award or on , the delayed attorney’s fee, resulting in one 10% penalty under section 5814 on the interest owing for the VRMA award and one 10% penalty for the interest on the
Richard Denny, vs. Pinkerton; Ace,
This case is about Richard Denny, who was awarded workers' compensation benefits from Pinkerton; ACE. The Workers' Compensation Appeals Board found that Pinkerton; ACE unreasonably underpaid Denny and was liable for two 25% penalties under Labor Code section 5814, as well as two 10% penalties for the late payment of interest. The Board also found that Denny's attorney was entitled to a reasonable fee under section 5814.5 for enforcing the award. The Board granted reconsideration to amend the WCJ's decision to reflect that Pinkerton; ACE was entitled to a credit consisting of its 10% self-imposed penalty, to be applied against the penalties assessed by the WCJ under section 5814, and to amend the WC
- Filed On:
- Court: California, Oakland
- Case No. ADJ4700532
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