James Whitcomb (deceased) vs. State Of California Department Of Corrections State Compensation Insurance Fund Adjusting Agent
In this case, the State of California, Department of Corrections and Rehabilitation, legally uninsured, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award, issued February 14, 2014, which found that James Whitcomb, Jr., the surviving minor dependent of decedent James Whitcomb, was entitled to receive a death benefit pursuant to Labor Code section 4704, increased by 25% pursuant to Labor Code section 5814, for defendant’s unreasonable delay in providing benefits. The WCJ’s Findings and Award was amended to reflect the maximum $10,000 limit on the penalty imposed pursuant to Labor Code section 5814, but otherwise affirmed. The award was made in favor of Tracy Smith,