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CA 1st: New 5814 Applies to Cases in Review

Tuesday, July 5, 2005 | 1

California's First Appellate District, in an opinion not certified for publication, ruled that the SB 899 version of Labor Code section 5814 is intended to be applied in all cases except in proceedings brought before the Board to reopen an existing award. In United Airlines vs. WCAB (A105215, 6/30/05), a workers' compensation judge in July 2003 found against defendant United Airlines on a penalty petition under Labor Code section 5814 for unreasonable delays for acts that occurred in 2002 and 2003. Penalties were awarded on five species of benefits: Permanent Disability --$4,934;4650 self-i...

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