Dahl, Keith

Keith Dahl sustained an industrial back and right lower extremity injury on August 14, 2020 while working as a director at Queen of the Valley Hospital. After his case proceeded to trial on penalties and attorney's fees, the WCJ found that defendant did not unreasonably delay payment of temporary disability, permanent disability, or EDD reimbursement, but awarded attorney's fees under section 5813. Applicant sought reconsideration, arguing that defendant's roughly 3-month delay in signing and submitting the EDD settlement (July 25 to November 1, 2024) and the delay in payment until December 12, 2024 constituted a bad-faith delay of benefits. The Board granted reconsideration, finding the record was devoid of any evidence explaining the delay and that no findings supported a bad-faith or frivolous determination for the section 5813 attorney's fee award. The Board rescinded the F&A and returned the matter to the trial level for further development of the record.