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CA AB2604
Bill
Status
2/21/2014
Primary Sponsor
Cheryl Brown
Click for details
AI Summary
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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.
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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.
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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).
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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.
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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