DuBois v. Workers' Compensation Appeals Board

Opinion

GEORGE, J.

In this case we must determine whether the State of California Uninsured Employers Fund (UEF), whose function it is to pay workers’ compensation benefits in the event the employer of an injured worker is not insured for workers’ compensation liability, is subject to payment of a penalty pursuant to Labor Code section 58141 for the UEF’s own unreasonable delay in payment of benefits to the injured worker.

The UEF asserts that section 3716.2 exempts it from any penalty for unreasonable delay in the payment of benefits pursuant to section 5814, whether the entity responsible for…