What the panel ordered
Affirmed the WCJ's August 7, 2001 decision and remanded for further proceedings on penalty awards
Board granted reconsideration of the Interim Findings and Award issued by WCJ on August 7, 2001
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board concluded that section 5814 penalties are covered claims under Insurance Code section 1063.1 and are not punitive or exemplary damages, thus CIGA is liable for penalties based on the insolvent insurer's pre-liquidation unreasonable delays.
From the decision · page 27 penalties imposed based on an insolvent insurer`s pre-liquidation unreasonable delays in paying
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Section 5814 penalties are considered compensation and not punitive or exemplary damages under Insurance Code section 1063.1(c)(8)
Favours Applicant prevailed