CA WCAB Rules New 5814 Retroactive

The California Workers' Compensation Appeals Board (WCAB), in an En Banc decision yesterday, said that the new Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays or refusals to pay compensation that occur prior to the statute's operative date where the finding of unreasonable delay is made on or after June 1, 2004. The Board also held that the statute of limitations set forth in Labor Code section 5814(g) applies to actions to recover penalties brought on or after June 1, 2004.In Abney v. Aera Energy (12-8-04 - No. 02-4430), Applicant Myron Abney, while employed as...