Green

INTRODUCTION

Petitioner, James Green, claimed work injuries sustained during 1987 to 2000 as a police officer for respondent City of Compton (City). Based on reports by agreed medical examiners, City provided workers’ compensation and later stipulated to benefits. Green also sought multiple increases of compensation for unreasonable delay under former Labor Code section 5814. In November of 2003, respondent Workers’ Compensation Appeals Board (WCAB) awarded a single increase in compensation.

Green petitioned for writ of review. He contends there was unreasonable delay of compensation following both the agreed medical examiner reports and City’s stipulation to benefits, thus requiring multiple increases in compensation. City answered that any delay was part of continuous conduct, and, thus, the WCAB correctly awarded a single increase of compensation.

We requested briefing on the application of Senate Bill No. 899 (2003-2004 Reg. Sess.) (Senate Bill 899), which became effective April 19, 2004, and new section 5814. Green responded that former section 5814 applies because it remained operative until June 1, 2004, was not repealed until January 1, 2005, and new…