WCPanelIQ
PanelGranted in Part

Emilie Hill — ADJ12785424

EMILIE HILL, Applicant vs. UNITED CALIFORNIA BANK; BROADSPIRE BREA, Defendants

ADJ number
ADJ12785424
Decision date
Date unavailable
District office
Anaheim
WCJ
Katharine Holmes
Claim administrator
Broadspire (Brea)
Commissioners
—

Injury / body parts: psyche

LC §5903

Summary

Applicant Emilie Hill received a 1981 Findings and Award providing permanent disability and life pension at $33.92/week for a psychiatric injury sustained during 1967-8/3/1979. Defendant arbitrarily stopped life pension payments around September 2019, prompting the applicant's representative to file declarations of readiness. The WCJ found that defendant failed to prove an overpayment, had actually underpaid life pension benefits by $34,237.18 through 10/15/2019, and imposed a 25% penalty of $8,559.30 for unreasonable delay. Defendant petitioned for reconsideration arguing there was no proof applicant was alive, that the benefits printout should have been analyzed in full, and that the penalty was unjustified. The Board granted reconsideration solely to amend the award to make benefits payable to applicant's estate (since applicant died 5/18/2021) and otherwise affirmed the WCJ's decision adopting the WCJ's report.

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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