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CA AB2604

Bill

Status

Introduced

2/21/2014

Primary Sponsor

Cheryl Brown

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Changes the penalty calculation for unreasonably delayed or refused workers' compensation payments from "whichever is less" to "whichever is more" between 25% of the payment or $10,000, resulting in higher penalties.

  • Requires the Workers' Compensation Appeals Board to consider the original award amount, reason for and length of delay, and prior violations when exercising discretion to achieve fair balance between parties.

  • Allows employers to self-impose a 10% penalty within 90 days of discovering a violation and pay the delayed amount, which substitutes for the standard penalty under subdivision (a).

  • Clarifies that approved settlements and awards conclusively resolve accrued penalty claims unless expressly excluded, and establishes a two-year statute of limitations for penalty actions.

  • Exempts treatment authorization disputes from unreasonable delay findings when the employer has timely authorized treatment and only payment disputes with medical providers remain.

Legislative Description

Workers' compensation: proceedings: payment delay.

Last Action

In committee: Set, first hearing. Hearing canceled at the request of author.

4/23/2014

Committee Referrals

Insurance3/13/2014

Full Bill Text

No bill text available