WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. PAS 0023953 OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) LESTER HERSHMAN, Applicant, vs. JAMES EISENBERG MEDICAL GROUP; CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; and KEMPER EMPLOYERS CLAIMS SERVICE (Servicing Facility), Defendants. Applicant, Lester Hershman, sustained an industrial injury to various body parts on June 18, 1993, while employed as a physician by the James Eisenberg Medical Group ('employer'). [N3] The phrase "workers' compensation benefits under the workers' compensation law of this state" is broad enough to include penalties under section 5814. )[N4] Having concluded that section 5814 penalties are 'compensation' that, therefore, fall within the general definition of 'covered claims' (Ins. Labor Code Section 5814 Penalties Do Not Fall Within The Insurance Code Section 1063. 1(c)(8) Exclusion For 'Punitive Or Exemplary Damages. '

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