Mote

The following case demonstrates what happens when the Workers’ Compensation Appeals Board unreasonably denies a variety of penalties.

Petitioner Raymon Mote suffered industrial injuries and seeks workers’ compensation. The workers’ compensation judge (WCJ) found that Mote is entitled to indemnity for temporary total disability (TTD) and further medical treatment. Mote filed a petition to impose multiple penalties for failure and delay in paying TTD, unreasonable delay in increasing the rate of TTD and failure to provide medical and psychiatric care, among other things. The WCJ denied the entire petition for penalties, and the Workers’ Compensation Appeals Board (WCAB or the board) denied the petition for reconsideration.

Mote petitions for review to annul the order of the WCAB denying reconsideration of his petition to impose multiple penalties against respondents, Kimstock, Incorporated, his employer, and the California Compensation Insurance Company (Cal. Comp.), Kimstock’s insurance carrier. (Greener v. Workers’ Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1040 [ 25 Cal.Rptr.2d 539 , 863 P.2d 784 ].)

The WCAB unreasonably denied a variety of statutory penalties due Mote…