AVALON BAY FOODS v. W.C.A.B.

No. S065546.

77 Cal.Rptr.2d 552 (1998)

959 P.2d 1228

18 Cal.4th 1165

AVALON BAY FOODS et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Robert Moore, Respondents.

Supreme Court of California.

August 20, 1998.


Attorney(s) appearing for the Case

McMurchie, Brandenburger, Weill, Lenahan & Lee and Teresa L. Armstrong, Sacramento, for Petitioners.

Finnegan, Marks & Hampton, Michael A. Marks and Ellen Sims Langille, San Francosco, as Amici Curiae on behalf of Petitioners.

Frederick J. Gibbons and Manda G. Olmstead, Marysville, for Respondents.

William A. Herreras, Grover Beach, as Amici Curiae on behalf of Respondent Robert Moore.


MOSK, Justice.

In this matter, an injured employee sought a penalty against his workers' compensation insurance carrier, contending that it unreasonably delayed payment of his medical treatment transportation benefits. The Workers' Compensation Appeals Board (hereafter the board) determined that the delay, amounting to less than 60 days, was unreasonable and ordered the carrier to pay a 10 percent penalty, pursuant to Labor Code section 5814.

We granted review...

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