State of California v. Workers' Comp. Appeals Bd.

Opinion

NARES, J.

The sole question in this proceeding is whether the Workers’ Compensation Appeals Board (WCAB or Board) has jurisdiction to impose a penalty for unreasonable delay in payment of industrial disability leave (IDL) to which an injured state employee is entitled under Government Code section 19869 et seq. There is no specific legislative directive by which to resolve this issue. However, we conclude the WCAB had jurisdiction to impose the penalty as it did in this case. Our conclusion is based on the Legislature’s definition of IDL as identical with temporary disability indemnity…