What the panel ordered
WCAB affirms WCJ's October 22, 2020 Findings of Fact, Award, Order and Opinion on Decision except amends Finding of Fact 9 to defer all attorney fees issues under LC 5814.5 and returns matter to trial level for further proceedings.
Petitions for reconsideration of the WCJ's October 22, 2020 Findings of Fact, Award, Order and Opinion on Decision; WCJ recommended denial of reconsideration; WCAB issues decision after reconsideration affirming WCJ's findings except deferring attorney fees under LC 5814.5 and returning matter to trial level for further proceedings.
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 WCJ correctly found defendant liable for penalties under LC 4650 for late payment of permanent total disability benefits and for penalties and sanctions for delay in authorizing prosthetic treatment. The WCJ deferred attorney fees under LC 5814.5 due to lack of evidence on defendant's investigation of the September 2018 request. The WCAB affirmed the WCJ's findings except deferring attorney fees issues under LC 5814.5 and returning the matter to trial level for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.