How has the penalty under section 5814 of the California Workmen's Compensation Act been interpreted?

California, United States of America


The following excerpt is from Gage v. Workers' Comp. Appeals Bd., 211 Cal.Rptr.3d 892, 6 Cal.App.5th 1128 (Cal. App. 2016):

to under the law, and to compel his employer to provide this cure or relief in timely fashion. [Citation.] The penalty has been applied to virtually all types of benefits provided by the workers' compensation laws ...." (Adams v. Workers' Comp. Appeals Bd . (1976) 18 Cal.3d 226, 229, 133 Cal.Rptr. 517, 555 P.2d 303 (Adams ) [applying 5814 to medical and legal costs].)

" Compensation " under division 4 "includes every benefit or payment conferred by this division upon an injured employee, or in the event of his or her death, upon his or her dependents, without regard to negligence." ( 3207.) " The term "compensation" is a technical one and includes all payments conferred by the act upon an injured employee. "Compensation" of an employee in the form of wages or salary for services performed, does not have the same meaning as the word "compensation" in the Workmen's Compensation Act. The former is remuneration for work done; the latter is indemnification for injury sustained. ... [Citation.]" (Knopfer v. Flournoy (1973) 34 Cal.App.3d 318, 320321, 109 Cal.Rptr. 892 (Knopfer ).)

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