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Case Name | Farris vs. Industrial Wire et. al. | |
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Date | 07/27/2000 | |
Note | 5814 penalty applies to entire underlying species when failure / refusal to pay 4650 penalty. | |
Citation | 65 C.C.C. 824 WCAB En Banc Decision, 65 CCC 824 | |
WCC Citation | WCC 3592000 CA |
BACKGROUND Applicant sustained an admitted cumulative industrial injury to both upper extremities from September 1, 1989 through August 17, 1997, while employed by Industrial Wire Products, the insured of defendant. It also argued that, because applicant did not seek reconsideration of the Findings and Award, he had waived his right to seek additional penalties. In relevant part, the WCJ first found that applicant was entitled to a ten-percent section 4650(d) penalty "on all payments of permanent disability delayed herein. "(1979) 23 Cal. 3d 815, 826 [44 Cal. Comp. Cases 321, 328] (emphasis added); see also Avalon Bay Foods v. Worker's Comp. Thus, when "an award is readily severable into the different classes or categories of compensation as defined by the Workers Compensation Act (Lab.
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