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PanelGranted in Part

Maria Garcia — ADJ7148169

MARIA GARCIA, Applicant vs. ST. JOHN KNITS; TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA, Defendants

ADJ number: ADJ7148169
Decision date: May 1, 2022
District office: Marina Del Rey
WCJ: —
Claim administrator: Travelers Property and Casualty Company of America
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right knee, psyche

LC §132aLC §5814LC §5814.5LC §5803LC §5710LC §3201CCR §10517CCR §10945CCR §10492CCR §10842

Summary

Maria Garcia, a salesperson for St. John Knits, sustained industrial injury to her right knee and psyche on February 24, 2009, and was terminated on March 9, 2010. After the WCJ found a Labor Code section 132a violation (affirmed by the Board in 2019 and on writ denial in 2019), the matter returned for adjudication of attorney's fees and applicant's entitlement to back wages. The WCJ awarded back wages from November 21, 2010 to July 23, 2011 at $700/week (less credits) and imposed section 5814 and 5814.5 penalties for delayed payment of $4,000 of the prior award. Defendant sought reconsideration, arguing res judicata, due process, lack of proof of wage loss, and absence of unreasonable delay. The Board granted reconsideration and affirmed the back wages award but amended to remove the section 5814 and 5814.5 penalties, finding the delay in disbursing $4,000 was not unreasonable because defendant repeatedly sought the attorney fee agreement information needed to disburse the funds.

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.

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