1st District Rules on 5814(b) 'Safe Harbor' Provision

The First Appellate District of the California Court of Appeals, in an opinion certified for publication, has ruled that Labor Code section 5814(b)'s "safe harbor" provisions are applicable regardless of whether the applicant or defendant discovers the delay in payment of benefits as long as the other provisions of the section are met.In New United Motors Manufacturing, Inc. vs. WCAB [Gallegos] (A112640, 08/15/2006) applicant received an award of permanent disability benefits totaling over $31,000. The award was being paid out by the third party administrator (TPA) for the employer. During t...