What the panel ordered
Reconsideration granted to clarify that two separate penalties are awarded for two separate periods of temporary disability, with credit for penalties already paid; otherwise, the February 16, 2021 Findings and Award is affirmed.
Defendant filed a timely, verified Petition for Reconsideration/Removal of the February 16, 2021 Findings and Award, which found defendant liable for two separate penalties for untimely and unreasonably delayed payment of temporary disability indemnity. The WCAB granted reconsideration to clarify the penalties and otherwise affirmed the decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Both penalties under Labor Code §4650(d) (strict liability for untimely payment) and §5814(a) (unreasonable delay) are appropriate and not duplicative, following Mote v. WCAB. Defendant did not show ambiguity or that only one penalty should apply.
From the decision · page 25. A 10% penalty is owed by Defendant on all temporary disability indemnity not timely paid and owing to Applicant for the periods from November 18, 2019 to and including January 17, 2020 and from March 22, 2020 to and including November 28, 2020, pursuant to Labor Code § 4650(d), payable to Applicant, less credit for any sums heretofore paid on account thereof, with jurisdiction reserved at the trial level if there is any dispute.