Rhiner v. Workers' Compensation Appeals Board

I concur in the judgment.

In the past a number of courts, including our own, have elected to avoid the harsh and inequitable consequences of a literal application of Labor Code section 5814 (section 5814). The majority here, with little concern for these prior decisions, have decided that sound policy shall prevail over plain language no longer; regardless of common sense or fairness, the penalty for late payments of workers’ compensation benefits shall apply to the “full amount of the . . . award” without exception for timely preaward payments.

The majority’s devotion to text is difficult to…