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PanelGranted in Part

Kirk, James

JAMES KIRK, Applicant vs. PENHALL COMPANY; ZURICH INSURANCE COMPANY, administered by ESIS, Defendant

ADJ number: ADJ6625120
Decision date: Jan 16, 2025
District office: Fresno
WCJ: —
Claim administrator: ESIS (administering Zurich Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: multiple body parts, leg (prosthetic), arm (prosthetic)

LC §4650LC §5813LC §5814LC §5814.5CCR §10109

Summary

Applicant James Kirk obtained a 100% permanent total disability award on May 7, 2013, which defendant did not appeal but paid 21 days after issuance. The WCJ found defendant liable for section 4650 penalties ($23,545.58), section 5814 penalties ($5,886.40), and section 5813 costs/attorney's fees, and also found penalties appropriate for enforcement of a medical treatment order regarding prosthetic services. Both parties sought reconsideration: defendant argued it was entitled to wait until the reconsideration period expired before paying and that it timely authorized treatment, while applicant argued the WCJ improperly excluded section 5814.5 attorney's fees regarding a September 2018 dispute. The Board affirmed the F&A, rejecting defendant's 'grace period' argument under Leinon v. Fishermen's Grotto, but amended Finding of Fact 9 to defer all section 5814.5 attorney's fee issues and remanded for further proceedings.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.