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April 1, 2005
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June 1, 2004, and, as of January 1, 2005, is repealed, unless a later enacted statute, that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it becomes inoperative and is repealed."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.*
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