What the panel ordered
The Board amended and affirmed the Supplemental Findings and Award of April 26, 2000, holding that the section 5814 penalty for failure to pay the section 4650(d) penalty applies to all permanent disability indemnity, past, present, and future, as increased by the section 4650(d) penalty and prior section 5814 penalty.
Petition for reconsideration granted by the Board en banc to address the calculation of the section 5814 penalty for defendant's unreasonable failure to self-assess the section 4650(d) penalty.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board held that the section 4650(d) penalty is not a separate class of benefit but is derivative of the underlying permanent disability indemnity, so the section 5814 penalty applies to all permanent disability indemnity, past, present, and future, as increased by the section 4650(d) penalty and prior section 5814 penalty.
From the decision · page 113 On June 29, 2000, the Board granted applicant's petition for reconsideration of the Supplemental
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.