COUNTY OF SAN LUIS OBISPO v. W.C.A.B.

No. B147387.

112 Cal.Rptr.2d 246 (2001)

92 Cal.App.4th 869

COUNTY OF SAN LUIS OBISPO, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and; Russell Barnes, Respondents.

Court of Appeals of California, Second District, Division Six.

October 3, 2001.


Attorney(s) appearing for the Case

Finnegan, Marks & Hampton, Ellen Sims Langille, San Francisco, Renee M. Bertenthal for Petitioner County of San Luis Obispo.

Rockard J. Delgadillo, City Attorney, Garrett A. Kuehn, Assistant City Attorney, William W. Koepcke, Deputy City Attorney, for City of Los Angeles as Amicus Curiae on behalf of Petitioner.

William A. Herreras, Grover Beach, for Respondent Russell Barnes.

Berkowitz & Cohen, Elliot S. Berkowitz; Van Bourg, Weinberg, Roger & Rosenfeld, Los Angeles, Ellyn Moscowitz, John Plotz, San Francisco, for California Applicants Attorneys' Association as Amicus Curiae on behalf of Respondent Russell Barnes.

No appearance for respondent Workers' Compensation Appeals Board.


COFFEE, J.

Petitioner County of San Luis Obispo (County) seeks review of an order of the Workers' Compensation Appeals Board (WCAB) awarding respondent Russell Barnes a 10 percent penalty under Labor Code section 58141 on all medical benefits, past, present and future, for a single instance of delay in paying a previously assessed penalty of $97.87. The County has been paying medical benefits to Barnes for more than 25 years and continues...

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