Gage v. WCAB
Annotate this CaseRebecca Gage was a deputy sheriff in Sacramento County who sustained a job-related injury and applied for industrial disability retirement. She also requested advance disability pension payments while her retirement application was processed. Although she eventually received such advance pension payments, Gage also sought penalties under section 5814 for an unreasonable delay. The workers’ compensation judge (WCJ) ruled section 5814 penalties were available for the unreasonable delay in payment of advance disability pension payments, but deferred the decision on whether the delay in this case was unreasonable. At issue in this case was whether the Workers’ Compensation Appeals Board (WCAB) had jurisdiction to impose penalties under Labor Code section 5814 for the unreasonable delay or denial of advance disability pension payments, available under section 4850.4 to local peace officers who were disabled on the job. Because: (1) such payments qualified as compensation under section 3207; (2) section 5814 penalties were available for unreasonable delay or denial of the payment of compensation; and (3) no other provision of the Labor Code evinced a legislative intent to exclude such payments from the penalty provisions of section 5814, the Court of Appeals concluded the answer was yes.
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