En Banc Leaves Employers on the Hook for Penalties

Some California employers will owe penalties on retroactive temporary disability payments because of a ruling last week by the Workers' Compensation Appeals Board. The board ruled that the 104-week cap on temporary disability begins when the first payment is made, a decision that potentially extends the two-year benefits window by however long the employer delayed the start of temporary disability payments to an eligible claimant. Those retroactive benefits are subject to a penalty, defense attorney Richard "Jake" Jacobsmeyer said Friday. He said he had received several calls from clie...