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PanelDenied

Brooks, Kearlene

KEARLENE BROOKS, Applicant vs. COUNTY OF LOS ANGELES/HIGH DESERT HEALTH; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ8042236
Decision date: Nov 27, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Subsequent Injuries Benefits Trust Fund (SIBTF), administered through the Department of Industrial Relations
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lumbar spine, cervical spine, bilateral knees, bilateral ankles, bilateral shoulders, hip, psyche, GERD, both arms, both upper extremities, sleep disorder, stomach

LC §4650LC §4659LC §4700LC §4751LC §4753LC §5401LC §5702LC §5813LC §5814LC §5814.5LC §138.4LC §3700LC §4603.2LC §4656LC §4868

Summary

Applicant Kearlene Brooks, a registered nurse, was awarded 100% permanent disability with SIBTF benefits after combining a 99% industrial award with a prior non-industrial motor vehicle accident disability. She petitioned for penalties under Labor Code sections 4650(d), 5814, and 5814.5, alleging SIBTF paid the award late and incorrectly. The WCJ denied the penalties, finding SIBTF is a governmental agency and not an 'employer' subject to those penalty provisions, that SIBTF's payments were correct, and that applicant's CPA report failed to constitute substantial evidence. On reconsideration, the WCAB affirmed, holding that penalties under sections 4650, 5814, and 5814.5 cannot be imposed against SIBTF because those provisions target private employers and their insurers, not government entities.

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.