That the Workers Compensation Appeals Board issue a finding that the defendant has unreasonably delayed or refused to pay the award by tmKjH0O

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     Telephone
 4   State bar number

 5   Attorney for Applicant

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                        WORKERS' COMPENSATION APPEALS BOARD
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                                            STATE OF CALIFORNIA
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11    ,                                                    Case No.

12                            Applicant,                   PETITION FOR:
                                                           INCREASED BENEFITS,
13    v.                                                   AND
                                                           ATTORNEY’S FEE
14    ,                                                    WITH
      ,                                                    POINTS AND AUTHORITIES
15                                                         (LC §5814)
                              Defendants.
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18          TO THE WORKERS’ COMPENSATION APPEALS BOARD AND TO ALL PARTIES
19   AND THEIR ATTORNEY OF RECORD:
20          APPLICANT, through his counsel of record, petitions for increased compensation under
21   Labor Code Section 5814 based upon the following facts:
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23                                                FACTS
24          1. On <date> the parties entered into a Compromise and Release Agreement settling all
25             issues and benefits.
26          2. On <date> the Workers' Compensation Appeals Board issued an Order Approving
27             Compromise and Release Agreement and Award, that was served by the board upon the
28             defendants by mail on <date>.

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 1          3. On <date> Applicant send a letter to defendant demanding payment of the Award.

 2               [Exhibit 1]

 3          4. Defendant has not paid the award.

 4          5. Payment of compensation has been unreasonably delayed or refused, either prior to or

 5               subsequent to the issuance of an award.

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 7                                               PENALTIES

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 9          1. UNREASONABLE DELAY OR REFUSAL TO PAY AWARD.
10          The parties entered into a Compromise and Release. An Order Approving the Compromise

11   and Release and an Award have been issued by the Workers' Compensation Appeals Board and

12   served upon the defendant. Unreasonable time has elapsed since the service of the award.

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14          WHEREFORE, Applicant requests the following:

15          1.          That the Workers' Compensation Appeals Board issue a finding that the defendant

16                      has unreasonably delayed or refused to pay the award;

17          2.          That the defendant is ordered to pay, in addition to the award, an amount that is an

18                      increase of up to 25 percent or up to ten thousand dollars ($10,000), whichever is

19                      less, of the amount delayed;

20          3.          That the defendant is ordered to pay a reasonable attorney fee to applicant’s

21                      attorney in an amount to be determined.

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            Dated:___________                                  ____________________________________
24                                                             Attorney for Applicant
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 1          Applicant submits the following POINTS AND AUTHORITIES is support of the petition.

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 3                                     POINTS AND AUTHORITIES

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 5                          COMPENSATION IS INCREASE WHERE THERE IS

 6                          AN UNREASONBALE DELAY OR REFUSAL TO PAY

 7                          THE COMPENSATION

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 9          “When payment of compensation has been unreasonably delayed or refused, either prior to or
10   subsequent to the issuance of an award, the amount of the payment unreasonably delayed or refused

11   shall be increased up to 25 percent or up to ten thousand dollars ($ 10,000), whichever is less. In any

12   proceeding under this section, the appeals board shall use its discretion to accomplish a fair balance

13   and substantial justice between the parties.”

14                                                           Labor Code §5814(a)

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16                                                      II

17                          WHERE THERE HAS BEEN AN UNREASONABLE

18                          DELAY OR REFUSAL TO PAY COMPENSATION THE

19                          DEFENDANT SHALL BE ORDERD TO PAY

20                          ATTORNEY’S FEE.

21          “When the payment of compensation has been unreasonably delayed or refused subsequent

22   to the issuance of an award by an employer that has secured the payment of compensation pursuant

23   to Section 3700, the appeals board shall, in addition to increasing the order, decision, or award

24   pursuant to Section 5814, award reasonable attorneys' fees incurred in enforcing the payment of

25   compensation awarded.”

26                                                           Labor Code §5814.5
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 1                                               III

 2                       WHERE THERE HAS BEEN AN UNREASONABLE

 3                       DELAY OR REFUSAL TO PAY THE AWARD BASED

 4                       UPON A COMPROMISE AND RELEASE THE AWARD

 5                       SHALL BE INCREASED.

 6         Burrell v WCAB 60 Cal. Comp. Cases 744; Wilson v. Cal. Plant Protection 26 CWCR 82;

 7   County of Los Angeles v WCAB 63 Cal. Comp. Cases 75

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 1          State of California
            County of Los Angeles   }   ss
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                                        DECLARATION OF MAILING
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     I am employed in the county of Los Angeles, state of California.
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 6   I am over the age of 18 years and not a party to the within action; my business address is:

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     I am readily familiar with the firm's business practice of processing correspondence for mailing. In
10   the ordinary course of business, the correspondence would be deposited with the United States
     Postal Service on that same day with postage thereon fully prepaid at my business address above.
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     I am aware that on motion of the party served, service is presumed invalid if postal cancellation date
12   or postage meter date is more than one day after the date of deposit for mailing as listed.
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     I served the foregoing documents described as:
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                   PETITION FOR INCREASED BENEFITS AND ATTORNEY’S FEE
15                           WITH POINTS AND AUTHORITIES
16   on the interested parties in this action, by placing a true copy thereof in a sealed envelope with first-
     class postage thereon fully prepaid, in the United States Mail at my address stated above, addressed
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     as follows:
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     I declare under penalty of perjury under the laws of the State of California that the foregoing is true
20   and correct.
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     Executed on _________________ at Los Angeles, California.
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