WCPanelIQ
PanelGranted in Part

Abraham Christian — ADJ4316583, ADJ3920506

ABRAHAM CHRISTIAN, Applicant vs. RING SECURITY AGENCY, INC.; WESTPORT INSURANCE COMPANY, Defendants

ADJ number
ADJ4316583, ADJ3920506
Decision date
May 8, 2022
District office
Salinas
WCJ
—
Claim administrator
Westport Insurance Company
Commissioners
—

Injury / body parts: neck, back, knee, digestive system, psyche, eyes, sleep dysfunction, sexual dysfunction, hypertension, temporomandibular syndrome

LC §5800LC §5813LC §5814LC §5814.5

Summary

Applicant settled two cumulative injury claims via a Compromise and Release approved February 10, 2020 for $400,000, with $60,000 in attorney's fees held in trust pending resolution of a dispute between current and prior counsel. A Findings and Award of February 22, 2021 ordered division of the fees, and defendant paid Mr. Redula his $28,500 share three days later without interest. The WCJ found interest payable from 2/22/21 to 2/25/21 and imposed a section 5814 penalty and section 5814.5 attorney's fee for failure to pay interest. The Board denied applicant's petition (rejecting his argument that interest ran from the 2/10/20 C&R approval) and granted defendant's petition, finding defendant had genuine doubt as to its liability so no penalty or fee was warranted. The Board amended the decision to award only interest from 2/22/21 through 2/25/21 and to delete the section 5814 penalty and section 5814.5 fee.

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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