Whitman v. Industrial Indemnity Co.

Claimant seeks review of a Workers’ Compensation Board order that reversed a referee’s order that assessed penalties and attorney fees against Industrial Indemnity for an unreasonable delay in accepting his claim. Industrial Indemnity cross-petitions from that part of the Board’s order that affirmed the referee’s order that claimant had incurred a new injury for which it is the responsible insurer. We review de novo.

At all relevant times, claimant was employed by Western Concrete Pumping. He injured his back in 1978. EBI was Western’s insurer at that time. He injured his back again in 1981.…