Christian v. Workers' Compensation Appeals Board
California Supreme Court
1Opinion of the Court
*507Opinion
BAXTER, J.
When a workers’ compensation insurer erroneously and unreasonably concludes that an injured worker is no longer entitled to payment of indemnity for temporary total disability (TTD) and discontinues those payments, does Labor Code section 58141 permit the Workers’ Compensation Appeals Board (the Board) to impose a separate penalty of 10 percent of the total award for each pre-award payment that should have been paid? In this case the Board determined that a single penalty was authorized. The Court of Appeal disagreed, and ordered the Board to reinstate an award by a workers’…
2Cases cited6 opinions
- Kerley v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1971
- Gallamore v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1979
- Davison v. Industrial Accident CommissionCalifornia Court of Appeal · 1966
- Rhiner v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
- Jardine v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Green v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005
- Mote v. WORKERS'COMP. APPEALS BD., KIMSTOCK, INC.California Court of Appeal · 1997
- State Compensation Insurance Fund v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1998
- Gangwish v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2001
- Duncan v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2008
8 more not listed; retrieve them via the Exa API.