Return to WorkInjury.com Home    

 
                        - Help for the Injured Worker
                                - Resources for the WC Professional

< Return to WorkInjury.com Home >



Advanced Search

GO TO:                    

2005 Archives

  • Archived Cases

  • Archived Editorials

  • Office Technology


  • HMS

    Goldberger & Associates

    New Late Penalty Statute Applicable to ALL Cases as of 6/1/04

     

    April 1, 2005
    Source: WorkInjury.com
    --------------------------------

    In a published opinion just issued, the Second District Court of Appeal has finally ended the confusion over the weird wording of the new Labor Code 5814 under SB 899 regarding late penalties which included language that the "old" penalty statute:

    "shall become inoperative on June 1, 2004, and, as of January 1, 2005, is repealed, unless a later enacted statute, that becomes inoperative on or before January 1, 2005, deletes or extends the dates on which it becomes inoperative and is repealed."

    Then just to "clarify" it all, the new language adds that the "new" 5814 section "shall become operative on June 1, 2004."

    How could there be any confusion over that?

    The Court ruled that that former section 5814 became inoperative and unenforceable on June 1, 2004, and new section 5814 became applicable to ALL injures in then pending cases including in the instant one.

    Interestingly, also participating in the case -- Green v. WCAB (City of Compton) -- were the California Applicants' Attorneys Association, which filed an amicus curiae brief on behalf of the petitioner (employee) and the California Workers' Compensation Institute and the City of Los Angeles which filed amicus curiae briefs on behalf of the employer.

    [To read commentary from our readers (or add your own) in our Forums section on this case, click here.]

    To read the full case in pdf format, please click here.*

     

    [-pg]      

     

    ------------ © 2005 WorkInjury, Inc. ------------

    Return to Top of Page

    _________________________________________________
    * Some of the news links that WorkInjury.com provides to other articles may require that you "register" with them. All are free and usually ask for nothing more than an email address and name. Once registered, you are then linked to the article you originally called up (and only need register once). WorkInjury.com has no affiliation with the sites linked and has nothing to do with their registration process, which is completely voluntary.

    Send Us Articles

    GO TO:                        

  • All FORUMS

  • Commentary
  • Yellow Pages



  • Contact Us | About WorkInjury.com | Legal
    (c) 2005 WorkInjury, Inc.       All rights reserved.       Terms of Use | Privacy Statement | Accessibility