Legal Opinion

Smith v. Workers' Compensation Appeals Board

California Court of Appeal

Decided November 10, 1986No. E002660PublishedCited by 4 opinions

1Opinion of the Court

Opinion

KAUFMAN, J.

Petitioner Walter G. Smith (the applicant) seeks review of an order of the Workers’ Compensation Appeals Board (WCAB or Board) denying his request for a 10 percent penalty against Zenith Insurance Company (Zenith) for unreasonable delay in making payment under an approved compromise and release. (Lab. Code, § 5814.)

We conclude the Board’s order finding there was no unreasonable delay is fully supported by the evidence. Accordingly, we affirm.

Facts

The essential facts were stipulated by the parties at the time of the hearing and are taken largely from the minutes of hearing to…

2Cases cited5 opinions

  1. Kerley v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1971
  2. Gallamore v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1979
  3. Kampner v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1978
  4. Laucirica v. Workmen's Compensation Appeals BoardCalifornia Court of Appeal · 1971
  5. Jensen v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1985

3Cited by4 opinions

  1. State Compensation Insurance Fund v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1998
  2. County of San Luis Obispo v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2001
  3. Smith v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1986
  4. State Compensation Insurance Fund v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1998

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