Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4706.5
Section 4706.5(a) and (g) require reimbursement to employer or insurance carrier, not dependents
Applicant is not entitled to interest for delay in reimbursement under section 4706.5
From the decision · page 6(a) Whenever any fatal injury is suffered by an employee under
circumstances that would entitle the employee to compensation
benefits, but for his or her death, and the employee does not leave
surviving any person entitled to a dependency death benefit, the
employer shall pay a sum to the Department of Industrial
Relations equal to the total dependency death benefit that would
be payable to a surviving spouse with no dependent minor
children....
(g) When, after a reasonable search, the employer concludes that the
deceased employee left no one surviving who is entitled to a
dependency death benefit, and concludes that the death was under
circumstances that would entitle the employee to compensation
benefits, the employer may voluntarily make the payment referred
to in subdivision (a).... Thereafter, if the appeals board finds that
the deceased employee did in fact leave a person surviving who is
entitled to a dependency death benefit, upon that finding, all
payments referred to in subdivision (a) that have been made shall
be forthwith returned to the employer, or if insured, to the
employer's workers' compensation carrier that indemnified the
employer for the loss.
(§ 4706.5(a)(g) [Emphasis added.].)
Labor Code section 5800
Section 5800 requires interest on unpaid compensation or death benefits paid to dependents
Interest award denied because section 5800 applies only to compensation or death benefits paid to dependents, not reimbursement to employers or carriers
From the decision · page 6All awards of the appeals board either for the payment of
compensation or for the payment of death benefits, shall carry
interest at the same rate as judgments in civil actions on all due and
unpaid payments from the date of the making and filing of said
award....
(§ 5800 [Emphasis added.].)
Labor Code section 5813
Section 5813 authorizes attorney's fees for bad-faith actions or tactics causing unnecessary delay
Attorney's fees awarded for failure to appear at status conference without reasonable excuse
From the decision · page 8Section 5813 authorizes the WCJ to order a party or attorney to pay reasonable expenses
incurred by another party as a result of "bad-faith actions or tactics that are frivolous or solely
intended to cause unnecessary delay." (§ 5813.) Further, WCAB Rule 10421 specifies that such
actions or tactics are those that result from a willful failure to comply with a statutory or regulatory
obligation, result from a willful intent to delay or disrupt the proceedings of the Appeals Board, or
are indisputably without merit. (See Cal. Code Regs., tit. 8, § 10421(b).) Examples of these
include, but are not limited to, failing to appear or appearing late at a conference or trial where a
reasonable excuse is not offered or the offending party has demonstrated a pattern of such conduct.
(Cal. Code Regs., tit. 8, § 10421(b)(1).)
California Code of Regulations, title 8, section 10421(b)(1)
CCR 10421(b)(1) specifies sanctions for failure to appear or pattern of conduct
Sanctions justified for failure to appear at status conferences without reasonable excuse
From the decision · page 8Section 5813 authorizes the WCJ to order a party or attorney to pay reasonable expenses
incurred by another party as a result of "bad-faith actions or tactics that are frivolous or solely
intended to cause unnecessary delay." (§ 5813.) Further, WCAB Rule 10421 specifies that such
actions or tactics are those that result from a willful failure to comply with a statutory or regulatory
obligation, result from a willful intent to delay or disrupt the proceedings of the Appeals Board, or
are indisputably without merit. (See Cal. Code Regs., tit. 8, § 10421(b).) Examples of these
include, but are not limited to, failing to appear or appearing late at a conference or trial where a
reasonable excuse is not offered or the offending party has demonstrated a pattern of such conduct.
(Cal. Code Regs., tit. 8, § 10421(b)(1).)