WCPanelIQ
PanelMed-legalGranted in Part

Janette Neves Rivera — ADJ22856965

JANETTE NEVES RIVERA, Applicant vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured, Defendant

ADJ number
ADJ22856965
Decision date
Sep 7, 2026
District office
San Francisco District Office
WCJ
Saul Allweiss (Arbitrator)
Claim administrator
City and County of San Francisco, Permissibly Self-Insured
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: low back, lumbar spine, cervical spine

LC §5814LC §4850LC §5909LC §5900LC §5813CCR §10600

Summary

Firefighter Janette Neves Rivera sustained a cumulative industrial low back injury ending July 12, 2023, and went off work in July 2023, but the permissibly self-insured City and County of San Francisco did not accept the injury until October 21, 2025 and did not pay benefits until November 13, 2025. When benefits were finally paid, defendant paid one year of Labor Code section 4850 salary continuation plus temporary disability for July 14 to August 14, 2024. The arbitrator assessed a Labor Code section 5814 penalty of only $1,734.80, calculated as 25% of the TD due for July 14 to August 14, 2024, without penalizing the delay in the section 4850 benefits. The Board granted reconsideration, upheld denial of additional TD (as Dr. Feinberg found applicant permanent and stationary August 13, 2024), but amended the penalty to the maximum $10,000 because the entire period of delayed compensation—including the 4850 benefits—was unreasonably delayed. Applicant's counsel was awarded a 15% fee of $1,500.

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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