CA 3rd Affirms Section 5814 Retroactive Application

The Third District of the California Court of Appeals ruled that Labor Code section 5814 as enacted by SB899 applies to penalty claims pending as of 06/01/04. In McCarthy v. WCAB (Best Sanitizer's, Inc.) , No. C049516, 01/25/2006, Ann McCarthy injured her ankle while working for Best Sanitizer's, Inc. (Best) in April 2001. In May 2004, McCarthy filed petitions for penalties under Labor Code section 5814, alleging that Best and Kemper Employer Claim Service (Kemper) unreasonably denied or delayed authorizing treatment and refused to pay persons who treated her. On April 19, 2004, the Leg...