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Case Name DuBois v. WCAB
Date 06/28/1993
Note UEF not liable for penalties from unreasonable delay in payment of award.
Citation 5 Cal.4th 382, 58 CCC 286
WCC Citation WCC 24391993 CA
When Rohrer Trucking failed to make such payments, DuBois requested a supplemental hearing before the WCAB, seeking, pursuant to section 3716, subdivision (a), to collect from the UEF the award DuBois had received against Rohrer Trucking, and seeking, pursuant to section 5814, an additional amount in penalties for the unreasonable delay on the part of Rohrer Trucking in paying the benefits. On the same date, this stipulation was entered by a WCJ as an award in favor of DuBois against the UEF. At that proceeding, DuBois stated he had received no payments under the December 14, 1989, award, and a UEF representative stated that the UEF had been unable to determine whether payments to DuBois had been made. Thereafter, the Court of Appeal summarily denied DuBois's petition for a writ of review, and DuBois petitioned for our review. Subsequent enactments pertaining to the UEF add no support to the foregoing assertion by DuBois and amicus curiae.

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