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Case Name | New United Motors Manufacturing, Inc. v. Workers' Compensation Appeals Board | |
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Date | 08/15/2006 | |
Note | The court found that the WCAB ordered a penalty based on a misinterpretation of the relevant statute, and found that no proper basis exists for the WCAB's award of -attorney fees under section 5814.5. | |
Citation | 141 Cal. App. 4th 1533 | |
WCC Citation | WCC 31732006 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE No. A112640 August 15, 2006 NEW UNITED MOTORS MANUFACTURING, INC. , PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND JOHN GALLEGOS, RESPONDENTS. Counsel for Petitioner James E. New United Motors Manufacturing, Inc. : Bruscino D'Andre, Peterson, Bobus & Bruscino. Counsel for Respondent Neil P. Workers' Compensation Appeals Board: Sullivan Vincent Bausano. CERTIFIED FOR PUBLICATION New United Motors Manufacturing, Inc. (NUMMI) challenges the Workers' Compensation Appeals Board's (WCAB) refusal to reconsider an order to pay a penalty and attorney fees for delaying payment of workers' compensation benefits to respondent John Gallegos (applicant). In any proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance and substantial justice between the parties.
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