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PanelGranted

Michael Neufeld — ADJ11297621

MICHAEL NEUFELD, Applicant vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, Permissibly Self-Insured, Defendant

ADJ number: ADJ11297621
Decision date: Mar 10, 2021
District office: Van Nuys
WCJ: —
Claim administrator: County of San Bernardino Fire Department (Permissibly Self-Insured)
Commissioners: KATHERINE ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §5814LC §5814.5LC §4850LC §5801

Summary

Applicant Michael Neufeld, a firefighter for the County of San Bernardino Fire Department (permissibly self-insured), previously obtained an award of penalties under Labor Code section 5814 for defendant's unreasonable delay in restoring his sick and vacation time related to section 4850 benefits. Applicant then sought reconsideration of the Board's January 8, 2021 decision, arguing the Board should also award attorney's fees under section 5814.5. The Board agreed, holding that once a section 5814 penalty has been awarded for unreasonable delay of compensation subsequent to an award, section 5814.5 attorney's fees must follow. The Board amended its prior decision to include an award of reasonable section 5814.5 attorney's fees and returned the matter to the trial level for the parties to informally resolve the amount, with WCAB jurisdiction reserved. Commissioner Lowe concurred but reiterated her view that the underlying section 5814 penalty was inappropriate, while agreeing that once awarded, section 5814.5 fees must follow.

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.

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.