Legal Opinion

Gage v. Workers' Compensation Appeals Board

California Court of Appeal

Decided November 22, 2016No. C081618Published

1Opinion of the Court

Opinion

DUARTE, J.

At issue in this case is whether the Workers’ Compensation Appeals Board (WCAB) has jurisdiction to impose penalties under Labor Code section 5814 1 for the unreasonable delay or denial of advance disability pension payments, available under section 4850.4 to local peace officers who are disabled on the job. Because (1) such payments qualify as compensation under section 3207; (2) section 5814 penalties are available for unreasonable delay or denial of the payment of compensation; and (3) no other provision of the Labor Code evinces a legislative intent to exclude such…

2Cases cited15 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
  3. La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co.California Supreme Court · 1994
  4. Kerley v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1971
  5. Laeng v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972

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