Los Angeles Unified School District v. Workers' Compensation Appeals Board

Good Law
115 Cal. App. 3d 662·171 Cal. Rptr. 522·1981 Cal. App. LEXIS 1382·46 Cal. Comp. Cases 85
Court of Appeal of CaliforniaJanuary 16, 1981Civ. No. 58681California1,156 words

Opinion

Lead Opinion

Fleming, J.

Petitioner Los Angeles Unified School District (hereinafter L.A. School District) contends that respondent *664 Workers’ Compensation Appeals Board (WCAB) erred in assessing a ten (10) percent penalty pursuant to Labor Code section 5814 1 against L.A. School District for late issuance of a single permanent disability payment. For the reason stated below, we agree and annul the penalty assessment.

I

Respondent Dorothy A. Crawford (hereinafter applicant) on September 14, 1976, did sustain injury to her low back and left lower extremity, arising out of and occurring in the course of her employment as a teacher’s aide for L. A. School District. Per findings and award issued on July 20, 1978, applicant was awarded 59 percent permanent disability, which was ordered payable at $70 per week for 304 weeks for a total of $21,280. Per supplemental order filed September 14, 1978, applicant’s disability award was corrected for clerical error so as to provide for a permanent disability payable at $40 per week for 304 weeks for a total of $12,160.

Thereafter, per a declaration of readiness to proceed (WCAB Rules of Prac. & Proc. (Cal. Admin. Code, tit. 8, ch. 4.5, subch. 2) §§ 10414,…

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