Rebecca Gage, vs. County Of Sacramento, Permissibly Self-insured,

This case is about Rebecca Gage appealing a decision from the Workers' Compensation Appeals Board regarding disability pension advances paid under Labor Code section 4850.4. The Court of Appeal annulled the earlier decision of the Appeals Board and remanded the case to the WCAB to determine whether a penalty should be assessed under Labor Code section 5814. The case was returned to the trial level for further proceedings in accordance with the decision of the Court of Appeal.

County Of Sacramento, permissibly self-insured, Rebecca Gage, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREBECCA GAGE,Applicant,vs.COUNTY OF SACRAMENTO, permissibly self-insured,Defendant.Case No. ADJ8010054(Sacramento District Office)OPINION AND DECISION AFTER REMITTITUR            In a decision filed on November 22, 2016, and ordered published on December 21, 2016 in Gage v. Workers’ Comp. Appeals Bd. (2016) 6 Cal.App.Sth 1128 [81 Cal,Comp.Cases 1127], the Court of Appeal, Third Appellate District annulled the earlier February 18, 2016 Opinion And Decision After Reconsideration (Decision) of the Workers’ Compensation Appeals Board, which in a split decision reversed the August 6, 2015 Findings Of Fact And Order of the workers’ compensation administrative law judge (WCJ), who found in pertinent part that disability pension advances paid under Labor Code section 4850.4 “constitute ‘compensation’ pursuant” to Labor Code section 3207, and that the penalty provisions of Labor Code section 5814 apply when there is unreasonable delay or denial in payment of those advances.            In addition to annulling the February 18, 2016 Decision of the Appeals Board, the Court remanded the case to the WCAB, “for further proceedings to determine whether a penalty is appropriate under [Labor Code] section 5814.” The Court of Appeal decision is now final and the case was remitted to the Appeals Board on February 22, 2017./// ,             As the Decision After Remitter, the August 6, 2015 Findings Of Fact And Order of the WCJ is affirmed for the reasons expressed by the Court of Appeal in its November 22, 2016 decision, which is incorporated by reference herein, The case is ordered returned to the trial level, with the question of whether a penalty should be assessed in this case pursuant to Labor Code section 5814 deferred for determination by the WCJ in the first instance after further proceedings “pending either parties filing of a Declaration of Readiness to Pro

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