What the panel ordered
Petition for Reconsideration denied; original Findings, Award and Order affirmed.
Defendant County of Alameda seeks reconsideration of the January 25, 2021 Findings, Award and Order regarding penalties and attorney fees for late payment of permanent disability benefits.
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 found the penalties under Labor Code sections 4650(d) and 5814 mandatory and appropriate due to defendant's late payment of retroactive permanent disability indemnity, and awarded attorney fees under section 5814.5 for enforcement efforts.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant failed to make any payment of retroactive permanent disability indemnity by the due date of May 11, 2020.
Favours Applicant prevailed
This failure triggered the mandatory 10% penalty under Labor Code section 4650(d).