Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code §5502 - Expedited hearing and determination within 30 days after declaration of readiness
The court proceeded with the expedited hearing and determination despite petitioner's argument that the hearing should not have gone forward.
From the decision · page 4Labor Code § 5502 (b) states in pertinent part, "[t]he administrative director shall establish
a priority calendar for issues requiring an expedited hearing and decision. A hearing shall be held
and a determination as to the rights of the parties shall be made and filed within 30 days after the
declaration of readiness to proceed is filed..." Subsection (4) indicates the reasons for proceeding
to expedited hearing include disputes over the employee's entitlement to, or the amount of,
temporary disability indemnity payments.
California Labor Code
Labor Code §3202.5 - Burden of proof by preponderance of evidence
The petitioner failed to provide substantial evidence to rebut the QME report indicating temporary disability.
From the decision · page 5Petitioner's assertion that the evidence did not support the Court's Findings and Award are
unfounded and lack any legal or factual support. Cal. Labor Code § 3202.5 states that "All parties... shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence."
The only medical evidence offered at trial was that of the QME, indicating a period of temporary
disability for this admitted claim. The issue at Expedited Trial was temporary disability. In
reviewing the treating physician's reports, the QME found an additional period of temporary
partial disability that exceeded the original MMI date. Petitioner provided no substantial evidence
upon which the Court could rely showing that alternative or modified duty was available for this
period of temporary disability, or, substantial rebuttal evidence in support of its position that no
temporary disability is due.
California Labor Code
Labor Code §4650 - Late payment penalties
The court applied Labor Code §4650 to late payment of indemnity due.
From the decision · page 5Where indemnity is due, but remains unpaid, Labor Code § 4650 applies to all late payment.
Petitioner has not cited any case law or statute that implies otherwise in this case.
California Labor Code
Labor Code §5814 - Interest on unpaid indemnity
The court rejected petitioner's argument that interest does not accrue on unpaid indemnity.
From the decision · page 5Petitioner correctly cites Labor Code § 5800, but fails to provide any legal justification, in
statute or case law, to support its position that interest does not accrue on indemnity left unpaid for
an accepted claim.