Workers' compensation: proceedings: payment delay.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of his or her employment. Existing law requires that certain proceedings, including for the recovery of compensation, or concerning any right or liability arising out of or incidental thereto, be instituted before the Workers' Compensation Appeals Board. The appeals board may fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less, and the appeals board is required to use its discretion to accomplish a fair balance and substantial justice between the parties. This bill would instead require that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is more. In using its discretion to accomplish a fair balance and substantial justice between the parties, the appeals board would be required to consider the amount of the original award, the reason for and length of the delay, and whether there were prior violations.