What are the implications of a delay in providing medical treatment for an injured employee?

California, United States of America


The following excerpt is from Avalon Bay Foods v. Workers' Comp. Appeals Bd., 18 Cal.4th 1165, 77 Cal.Rptr.2d 552, 959 P.2d 1228 (Cal. 1998):

In a recent in bank decision, Jones v. Ukiah Timber Products (1997) 62 Cal.Comp.Cases 1257, 1259, the board revisited the issue, again concluding that medical treatment transportation expenses to obtain medical treatment are "an element of the underlying benefit of medical treatment under Labor Code section 4600. Therefore, where an injured worker must undergo treatment by reason of the industrial injury, the cost of such medical treatment includes the cost of necessary travel expenses under Labor Code section 4600." Emphasizing that the penalty under Labor Code section 5814 "is designed to help an injured worker obtain essential treatment in order to allow his/her return to work as quickly as possible" (62 Cal.Comp.Cases at p. 1259), it determined that "an unreasonable delay in the provision of medical travel expenses warrants a 10 enalty under Labor Code section 5814 on the entire class of medical treatment expenses under Labor Code section 4600." (62 Cal.Comp.Cases at p. 1258, fn. omitted.)

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