WCPanelIQ
PanelQMELienDenied

Andrew Stamper — ADJ12735361

ANDREW STAMPER, Applicant vs. BAY AREA AIR QUALITY MANAGEMENT DISTRICT; YORK RISK SERVICES, Defendants

ADJ number
ADJ12735361
Decision date
Aug 2, 2022
District office
Oakland
WCJ
Christopher Miller
Claim administrator
York Risk Services
Commissioners
—

Injury / body parts: psyche

LC §5814LC §5909LC §3202LC §5814(c)

Summary

Applicant Andrew Stamper sustained an admitted psychiatric injury in 2019. As part of a Compromise and Release, defendant agreed to reimburse the EDD's UCD lien, and EDD accepted defendant's settlement proposal of $54,989.97 on May 12, 2021. Defendant did not actually pay EDD until August 19, 2021 — 99 days after the agreement. The WCJ found this delay unreasonable under Labor Code section 5814, awarded the statutory maximum $10,000 penalty payable to applicant, and rejected defendant's argument that Unemployment Insurance Code section 2629.1(f)'s 60-day deadline applied. The Appeals Board adopted the WCJ's Report and denied reconsideration, finding section 5814 applicable and the penalty properly balanced under Ramirez.

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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