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Case Name | Rivera v. Tower Staffing, etc., et al | |
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Date | 11/08/2002 | |
Note | 4650(d) penalties do not apply to lump sum payments. | |
Citation | 67 CCC 473 [En Banc] | |
WCC Citation | WCC 28952002 CA |
------------------- WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA JUAN A. RIVERA, Applicant, vs. TOWER STAFFING SOLUTIONS; STATE COMPENSATION INSURANCE FUND, Defendant(s). "With respect to interest and penalties under. . . section 4650(d), applicant received $10,424. 84 in section4650(d) penalties and $1,535. 93 in interest. Between the Award and the Order of Commutation, $109,659. 08 in benefits should have been paid the applicant and applicant's attorney by January 2, 2001. This would mean that the proper amount of the section4650(d) penalty should have been $10,965. 91, not $10,424. 84 as alleged by SCIF. As noted at the outset, SCIF's petition for reconsideration was granted to allow sufficient opportunity to further study the factual and legal issues.
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