WCAB

Petitioner, the County of Sacramento (County), seeks review of an order of the Workers’ Compensation Appeals Board (Board) awarding Ann Lou Souza a penalty under Labor Code section 5814 for delayed payment of death benefits. Petitioner contends the delay was not “unreasonable” within the meaning of that section and therefore a lesser penalty was warranted. We agree and shall reverse.

Joseph Souza was employed by County as a deputy sheriff. On November 29, 1995, he died of a heart condition which arose from his employment. He was survived by his wife, Ann Souza (Souza). The parties stipulated Souza is entitled to workers’ compensation death benefits in the amount of $115,000 to be paid at the rate of $336 per week.

Souza began receiving death benefits in June 1996. However, due to a clerical error, benefit checks were made payable to the deceased. Souza had no difficulty cashing the checks until early October 1996, when her bank announced it would no longer cash checks written to the deceased.

Souza contacted her attorney who in turn called the County. Susan Carter, a workers’ compensation analyst, informed Souza’s attorney the problem would be resolved. Carter directed…