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Case Name | Kerley vs. WCAB | |
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Date | 03/01/1971 | |
Note | The only excuse for delay in payment of benefits is genuine doubt from a medical or legal standpoint; burden on employer to present substantial evidence of such. | |
Citation | 4 Cal.3d 223 | |
WCC Citation | WCC 30151971 CA |
LONNIE EUGENE KERLEY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and GENERAL CABLE COMPANY, Respondents. OPINION BURKE, J. Petitioner Lonnie Eugene Kerley seeks review of a decision, after reconsideration, of the Workmen's Compensation Appeals Board, refusing to assess a 10 percent penalty against respondent employer, General Cable Company, for unreasonable delay in paying compensation. Upon leaving the plant that afternoon, petitioner noticed stiffness in his upper back and numbness in his left leg. The following day, Friday, in the absence of Dr. King, the orthopedist who performed the February surgery, petitioner consulted Dr. Branick. At the conclusion of the hearing, the referee indicated that he intended to find petitioner's condition permanent and stationary.
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