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Case Name Leinon vs. Fishermen's Grotto, Mid-Century Insurance Company
Date 08/25/2004
Note No 4650 penalty due if denied claim later determined compensable and benefits paid within 14 days after Award.
Citation 68 CCC 1460 (En Banc)
WCC Citation WCC 30212004 CA
BACKGROUND Applicant claimed a cumulative trauma (CT) injury to his spine, left hip, and right knee for the period ending November 1, 1998. Defendant disputed injury from the outset by sending applicant a timely delay letter; later it timely denied the claim. Thereafter, applicant claimed that defendant failed to pay a section 4650(d) penalty when it paid the TDI required by the May 30, 2001 Findings and Award. In the decision reconsidered here, the WCJ found defendant liable for a section 4650(d) penalty on the TDI due under the May 30, 2001 Findings and Award. "(b) If the injury causes permanent disability, the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity.

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