Case opinion for CA Court of Appeal CITY OF LOS ANGELES v. WORKERS COMPENSATION APPEALS BOARD OF STATE OF CALIFORNIA. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Bd., supra, 2 Cal.App.3d 693, 698, 83 Cal.Rptr. (Garcia, Castaneda, Chaparro v. County of Fresno (December 30, 2022) [2022 Cal. Street, 9. th. Unfortunately, California places this safeguard in the hands of powerful insurance companies who do not always do the right thing. 1161 Determining Damages in a Personal Injury Claim, Determining Who is At Fault for an Injury. There is parking in the building. . (Lab. On December 14, 1975, while at home applicant sustained a myocardial . The percentage of permanent disability is determined by using the Permanent Disability Rating Schedule and an assessment of the injured workers permanent impairment and limitations. County concedes that it unreasonably delayed in voluntarily making permanent disability payments to Crowe from January 25, 1977 to July 11, 1977. To comply with all legal mandates related to workers compensation and to accomplish this at the least possible cost to the County. Fund v. Workmens Comp. Petitioner County of Los Angeles (County) contends respondent Workers' Compensation Appeals Board) (Board) erred in the method it calculated a ten percent penalty against County pursuant to Labor Code section 5814 1 for County's unreasonable delay in providing permanent disability payments to respondent injured worker, Charles Crowe. POSITION: The Workers' Compensation Division of the Office of the City Attorney has immediate openings for one or more attorneys. TRBZARf IYg p%q`Pqi)N\qN 333-334. Generally, the employer controls the medical treatment for the first 30 days after the injury is reported, and the employee is then free to select any treating physician or facility. 17-47. Permanent partial disability benefits are also payable at two-thirds of the injured workers average weekly wages, but are subject to a much lower maximum. Penal Code, section 4017, the WCAB points out, provides that county inmates who work in fire suppression are considered employees of the county and are protected by workers compensation. It is a no-fault system, meaning that injured employees need not prove the injury was someone elses fault in order to receive workers compensation benefits for an on-the-job injury. EUREKA WORKERS' COMPENSATION APPEALS BOARD [EUR] 409 "K" Street, Room 201 Eureka, CA 95501 Telephone: (707) 441-5723 *SATTELITE OFFICE - Do not send mail . ATTORNEY DEREK LEE IS RESPONSIBLE FOR THIS AD. When this fails, workers have the right to take their appeals to the WCAB. In December 2022, the Workers' Compensation Appeals Board (WCAB) issued four panel decisions that defined the parameters for analysis of the employment status of inmate workers for the purposes of determining whether these inmate workers are entitled to the protections of workers' compensation and other labor laws. (Garza) (1986) 51 Cal.Comp.Cases 424 [1986 Cal.Wrk. 0_. [T]he language in a local ordinance with respect to assigning work to inmates is not determinative, although it may be considered in determining whether the inmate's work is compulsory or voluntary. This service is available 24 hours, 7 days per week, and will transmit the information received by the department to the appropriate workers compensation third party administrator within one working day. WORKERS' COMPENSATION APPEALS BOARD DIRECTORY GOLETA (SANTA BARBARA) WORKERS' COMPENSATION APPEALS BOARD [GOL] 6755 Hollister Avenue, Suite 100 Goleta, CA 93117-3018 Telephone (805) 968-0258 JUDGE SECRETARY Tery Menefee [Presiding] Cynthia Walker Scott Seiden Anita Shelton INFORMATION AND ASSISTANCE OFFICER Telephone: (805) 968-4158 Involuntary servitude is prohibited except to punish a crime.].). Language By car: Driving directions to the Marina del Rey district office. Camarillo +805-377-0633. In light of the continued state of emergency in response to the novel coronavirus (COVID-19) and pursuant to the Appeals Boards en banc order issued on April 6, 2020, documents intended for the Appeals Board, Office of the Commissioners may be sent to WCABEmergencyBox@dir.ca.gov. . Box 76907 (90076-0907) 515 South Figueroa Street, Suite 1060 Los Angeles, CA 90071 T. (213) 380-3880 F. (213) 383-8346 (1979) 94 Cal.App.3d 250, 156 Cal.Rptr. In most cases, provided your condition will require you to miss substantial work, you will be entitled to California workers compensation benefits. Within a block of the court are McDonalds, Ralphs Market Deli, California Pizza Kitchen, Starbucks, Counter, Pinkberry Frozen Yogurt, Chipotle Mexican Grill, Mendocino Farms and Fresh Brothers Pizza. (1968) 264 Cal.App.2d 724, 728-729, 70 Cal.Rptr. Commenting upon the computation of the penalty the court stated: Carrier argues that the penalty should be applied to the Net amount of benefits remaining unpaid, thereby permitting credit to the employer or carrier for amounts previously paid without delay on the specific benefit awarded. 51473. The maximum voucher amount is $10,000. Los Angeles Workers' Compensation Appeals Board 320 West 4th Street, 9th Floor Los Angeles, CA 90013-2329: Salinas Workers' Compensation Appeals Board 1880 North Main Street, Can I File for Workers Compensation if Im Only Part-Time? (213) 738-2154 |J+RSeO\$>_LJrA County inmates who did not work in fire suppression are at the mercy of this voluntary / compulsory test. Bd. Workers may file appeals with the board within 20 days of a ruling they disagree with. State inmates are statutorily included in the definition of employee while county inmates are subjected to a compulsory test to determine their employee status. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. App. The court upheld the refusal of the Board to apply the penalty to the temporary disability stating: In the present case the Board correctly applied section 5814 by imposing the penalty on the full amount of the permanent disability benefits, including the life pension . at p. 593, 591 P.2d at p. There remains a question, however, whether the penalty applies to permanent disability payments voluntarily and timely made prior to the issuance of the award. In many cases, the exploration of transitional modified or alternate work should begin upon notification of the industrial injury or illness. We also provide meeting space for workers compensation clients in Hollywood and . Reporting supervisors and managers should identify any third party whose actions may have led to the injury/illness. Unless it is an emergency, the employee has the right to go to the predesignated physician. P.D. The board may uphold the judges ruling and deny the petition for reconsideration, return the case to a workers compensation judge for reconsideration, rule in favor of the injured worker, or dismiss the appeal altogether. (1981) 126 Cal.App.3d 629 [46 Cal.Comp.Cases 1304]; Morales v. Workers Comp. LEXIS 3361] (writ denied); Salazar v. Workers Comp. No other type of workers' compensation benefits owed to Crowe was delayed by County. The following schedule is illustrative of the computation of the number of benefit weeks:Column 1Percentage ofl2Column 2Cumulative numberpermanent disability incurred:l2of benefit weeks:515.001030.251550.252070.502595.5030120.7535150.7540180.7545210.7550241.0055276.0060311.0065346.0070381.2575421.2580461.2585501.2590541.2595581.25100for life(b) Two-thirds of the average weekly earnings for four weeks for each 1 percent of disability, where, for the purposes of this subdivision, the average weekly earnings shall be taken at not more than seventy-eight dollars and seventy-five cents ($78.75).Labor Code section 4659 as added by Statutes 1971, chapter 1750, section 5.7, operative April 1, 1972, and amended by Statutes 1973, chapter 1023, page 2030, section 7, operative April 1, 1974, presently provides:(a) If the permanent disability is at least 70 percent but less than 100 percent, 1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent is to be paid during the remainder of life, after payment for the maximum number of weeks specified in Section 4658 has been made. h27Q0Pw/+Q0L)6 Promptly reporting injuries/illnesses benefits injured workers and helps control the cost of workers compensation claims. All employers must post and keep posted in a conspicuous location a notice to employees that provide employees with useful and important workers compensation information. That information can be obtained from the department return-to-work unit. In light of Gallamore v. Workers' Comp. Children should not be brought to court. PAG/mc . (Duke) (1974) 39 Cal.Comp.Cases 809.) Workers' Compensation Appeals Board 455 Golden Gate Avenue, 9th floor San Francisco, CA 94102. 8* (8h|| (,ABEap0Xv$*aJgQ>?>'8d,|&tVp3z o$[Y YrsEd5f8 KOB$!'N~:gI~&g$dd&g[L90Rt]%XTrPA*QJ,zb;UrNL! On the first floor of the building are Panera Bread, Peets Coffee, Penguins Frozen Yogurt, Subway Sandwiches and Wahoos Fish Taco. The Permanent Disability Rating Schedule specifies standard percentage ratings for permanent impairments and limitations, and provides for the modification of these standard ratings based on the injured workers age, occupation, and considers the employees diminished future earning capacity. (1977) 67 Cal.App.3d 413, 136 Cal.Rptr. we are cognizant here of the disparate impact in determining the employee status between persons incarcerated in state prison and person incarcerated in county jail. Correctional officers have much more power over an inmate and inmates have less rights in prison. (Garcia, supra.). The claims examiner will assist you in obtaining clarification regarding the employees ability to return to normal duties. Free Consultations & We're Available 24/7. (County of Los Angeles v. Workmen's Comp. Amended by Stats.1949, c. 1583, p. 2883, s 1; Stats.1959, c. 1189, p. 3280, s 13. BAUDILIO LOPEZ CANSINOS . E,1AJm- {zAqP0*B7~7WUuEMEFPM(?&>Bd>Ys}{],2ie` ), Thus, workers compensation protections differ between state inmates, county inmates, and county inmates working in fire suppression. Comp. Applicant alleges that the stress of her employment resulted in an industrial cumulative injury to her heart. Wrk. Comp. }. The Supervisory Investigation Report can be a useful tool in preventing like type injuries from occurring in the future. . Rules and regulations of the California Division of Industrial Accidents and Workers' Compensation Appeals Board Standard claims evaluation techniques, references, and settlements . litigation before the Workers' Compensation Appeals Board. You can rely on the experience and ability of Los Angeles Lawyers 360 to guide you through the treacherous terrain of the justice system. Do I Need an Attorney to Handle My Accident Case? 4720 Lincoln Boulevard, 2nd floor These benefits, covering necessary medical treatment, replacement of lost income through temporary or permanent disability benefits, and sometimes other needs, may be essential for your recovery and future. One of California's preeminent workers' compensation attorneys in Los Angeles fighting exclusively for injured workers. LEXIS 346], Brown v. County of Los Angeles/Sheriff's Dept. * The offer of transitional modified or alternative work is a very important cost saving tool. In cases where suffering workers have their claims denied, it may be necessary to adjudicate their claims through a workers compensation judge. The Board denied County's petition for reconsideration on the penalty issue, relying upon the judge's analysis. LA County Helps The judge's decision, called a Findings and Award, may provide for future medical care, and may be reopened within five years of the date of the injury. at p. Appeals Bd. We are also cognizant of the difference between county inmates who work in fire suppression and countyinmates who do not, the former being statutorily included in the definition of employee, while the latter being subjected to the aforementioned compulsory test. INTERNET SUBSCRIBERS AND ONLINE READERS SHOULD NOT ACT UPON THIS INFORMATION WITHOUT SEEKING PROFESSIONAL COUNSEL. Civ . (, International Sales(Includes Middle East), Business Insight Solutions Partner Portal, Corporate InfoPro (Corporate Information Professionals), InfoPro (Legal Information Professionals), LexisNexis Workers' Comp Law Newsroom Staff, https://apnews.com/article/2022-midterm-elections-slavery-on-ballot-561268e344f17d8562939cde301d2cbf, https://apnews.com/article/prisons-california-gavin-newsom-minimum-wage-slavery-a0aed840fc6dc54c7eb0da98d0f6bb05, https://www.nbcbayarea.com/news/california/california-nevada-forced-prison-labor-servitude/3158526/. You do not need to provide the claim form (DWC-1) and complete the employers report (5020) unless the injury results in lost time or the employee requires medical treatment. Petitioner County of Los Angeles (County) contends respondent Workers' Compensation Appeals Board) (Board) erred in the method it calculated a ten percent penalty against County pursuant to Labor Code section 58141 for County's unreasonable delay in providing permanent disability payments to respondent injured worker, Charles Crowe. Alex Rossi Contractual requirements include: program development, claims management, monitoring medical treatment, assisting injured workers resolve workers compensation issues, supporting County department return-to-work efforts, attending claim status reviews, and identifying and investigating potentially fraudulent workers compensation claims. "y In the recent case of Lorenz Bauer v. Workers' Comp. . In Manning v. Workmen's Comp. Do I Have to Take Time Off for a Work Injury? Insurance companies place their financial interests above those of the injured workers meant to be protected far too many times to be counted on. Do I still need to complete the workers' compensation claim filing paperwork? The WCAB is a seven-member panel appointed by the Governor of California and confirmed by the state Senate. If the employee has predesignated a personal physician to treat an on-the-job injury or illness, and it is not an emergency, the employee should go to this predesignated physician. Rptr. County inmates who did not work in fire suppression are at the mercy of this voluntary / compulsory test. Mail Address P.O. San Diego +619-763-1137 . The Workers Compensation Claim Management Unit (WCCMU) operates and monitors a complete permissibly self-insured workers compensation program ensuring the full provision of benefits under the law to employees whose injuries arose in the course and scope of employment. Supp.1979) s 11.12, pp. 65.) 823-824, 153 Cal.Rptr. (1976) 18 Cal.3d 226, 133 Cal.Rptr. (U.S. Contact a Los Angeles workers compensation lawyer at Accident Lawyers for a free consultation regarding your workers comp claim and benefits. The findings of fact do not support the decision. We are taking calls from injured workers on matters involving the Los Angeles Workers Compensation Appeals Board, Van Nuys Workers Compensation Appeals Board, Long Beach Workers Compensation Appeals Board, Marina Del Rey Workers Compensation Appeals Board, Pomona Workers Compensation Appeals Board, click here for Oxnard Workers Compensation Appeals Board, Anaheim Workers Compensation Appeals Board, click here for Santa Ana Workers Compensation Appeals Board, click here for and Bakersfield Workers Compensation Appeals Board. Please try again. 1 2 3 Popular Pages These regulations were filed with the Secretary of State on February 1, 2023, and are effective on April 1, 2023 Board Members App. Workers Compensation Claim vs. Third Party Liability. [Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.]; Cal. (714) 480-4421 TELLERIA & TELLERIA . A worker who is determined to have a permanent total disability receives the temporary disability benefit up to $840 per week for life. If you were terminated from your job due to a work injury that may be classified as a disability due to its long standing nature, or for which you were entitled to Family Medical Leave CLICK HERE TO SEE INFORMATION ON HOW WE CAN REPRESENT YOU IN A CIVIL LAWSUIT. Public Alerts, Accessibility The test is whether the county inmate worker volunteered to work or was forced to work as an incident of incarceration. The sole issue before the court in Manning, however, was whether the penalty should have been computed by applying the penalty to temporary disability benefits previously paid under an earlier award as well as on the award of permanent (disability) benefits. (Id., at p. 656, 89 Cal.Rptr. at p. App. 517, 555 P.2d 303; see also, Langer v. Workmen's Comp. California workers compensation laws hold all employers must carry workers compensation insurance to reimburse injured workers for one-time industrial accidents or repetitive stress injuries. Stay up-to-date with how the law affects your life. ), 4. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Google+ (Opens in new window), How to Prove Injuries in a Los Angeles Car Accident. Typical duties of the WCAB include reviewing petitions for reconsideration and regulating the appeals process by creating new rules. Additional paperwork is required to ensure the full investigation and expeditious delivery of benefits. The WCAB or judge acted in excess of its power; The evidence did not justify the decision; There is newly discovered evidence which could not have been produced at the hearing; or. We also provide meeting space for workers compensation clients in Hollywood and Encino. If you have any questions about a work injury, a workers compensation claim that is already on file or might exist, please contact our office at 1-877-525-0700. Appeals Bd. Walk-through documents are expected to comply with 8 CCR section 10417(c). Workers compensation is the oldest social insurance program; it was adopted in most states, including California, during the second decade of the 20th century. We are also cognizant of the difference between county inmates who work in fire suppression and countyinmates who do not, the former being statutorily included in the definition of employee, while the latter being subjected to the aforementioned compulsory test. endstream endobj 127 0 obj <>stream No food, gum or drink (other than bottled water) is allowed on the 3rd floor in the hallways, lobbies or courtrooms. Further, in looking at Labor Code sections 4658 and 4659, as they existed both at the time of injury herein3 and the present,4 one can only conclude that the life pension is merely a part of permanent disability. Appeals Bd., supra, 18 Cal.3d at p. 231, 133 Cal.Rptr. 1248.) California Workers' Compensation Telephone Directory Division of Workers Compensation: 800-794-6900 DWC - San Francisco (Headquarters): 415-703-5011 DWC - Bakersfield: 661-395-2723 DWC - El Centro: 760-353-0607 DWC - Long Beach: 562-590-5001 Bd. of Ind. I certify that I affixed the official seal of the Workers' Compensation Appeals Board to this original decision on this date. Industries. at p. In December 2022, the Workers Compensation Appeals Board (WCAB) issued four panel decisions that defined the parameters for analysis of the employment status of inmate workers for the purposes of determining whether these inmate workers are entitled to the protections of workers compensation and other labor laws. Appeals Boards en banc order issued on April 6, 2020, Petitions for Reconsideration, Removal, Disqualification and Answers (CCR 10940); Labor Code section 5814 provides:When payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the full amount of the order, decision or award shall be increased by 10 percent. Appeals Bd. Last year, voters in four statesAlabama, Oregon, Tennessee and Vermontapproved ballot measures that changed their state constitutions to ban slavery and/or involuntary servitude as a punishment for crime. During this time, the judge may also change his or her ruling. hVn8Oc@1RlM:Oypub Wt~,'.`aD$H(*Hhr!UH1%,N W(JH The WCAB has several conclusions it may reach in deciding an appeal. Disclaimer The judge accordingly awarded Crowe permanent disability benefits of $21,000, payable at $52.50 per week for 400 weeks, and thereafter a life pension of $48.46 per week. A judge at the Workers' Compensation Appeals Board (WCAB) decides claims. Workers' Compensation - Los Angeles County Workers' Compensation (213) 738-2159 (213) 252-0404 fax CONTACT US VISIT OUR WEBSITE Mission Statement To respond to County departments' needs that arise from the costs and risks associated with workers' compensation claim liabilities. The Workers' Compensation Appeals Board, a seven-member, judicial body appointed by the Governor and confirmed by the Senate, exercises all judicial powers vested in it by the Labor Code. The penalty does apply to the permanent disability payments actually delayed and those which are payable pursuant to the issued findings and award of June 9, 1978. What If My Employer Wont Report My Injury to Workers Compensation? LEXIS 3119] (writ denied). 4720 Lincoln Boulevard, 2nd floor Marina del Rey, CA 90292-6902 (visit the website) WCAB MAIN PHONE NUMBER. Departments may require supervisors to complete incident reports documenting when, how, and what occurred. The Workers' Compensation Appeals Board (Board) denied the County's petition for reconsideration, noting that it had previously held that an indigent who is required to work as a condition of receiving welfare benefits qualifies as an employee. (, The WCAB also stated that local ordinances addressing the employment status of county inmate workers are not determinative. Fund v. Workmen's Comp. The standard rating is adjusted for age by lowering the rating for younger workers and increasing it for older workers on the theory that it is easier for younger people to adjust to a permanent handicap. The standard rating is adjusted for occupation by increasing the rating if the permanent impairment or limitation will be more of an impediment in performing the workers occupation, and lowering the rating if it will have a lesser impact. Amended by Stats.1949, c. 1583, p. 2833, s 2; Stats.1959, c. 1189, p. 3280, s 14. These are the only numbers that we are aware of and have available for California Workers' Compensation. Please note the following zip codes pertain to the Los Angeles Workers Compensation Appeals Board: The Board applied the penalty to the permanent disability benefits, including the life pension but not to the previously paid temporary disability. Petition for Disqualification of Workers Compensation Judge (CCR 10960); Petitions for Removal and Answers (CCR 10955), Petition for Writ of Review (Labor Code 5950, et seq. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. You should contact your department management to find out if they have an incident reporting policy. F085705 and F085713, arguing that that the inmate workers did not receive compensation for their work and therefore cannot be deemed employees protected by workers compensation. |Vk@WH|MA- In Gallamore one of the claimed penalties involved the failure to voluntarily pay permanent disability advances prior to the issuance of an award. Once an injured worker is determined unable to return to his or her previous type of work, the employer and worker jointly select a rehabilitation counselor who will determine whether vocational rehabilitation is feasible, and if appropriate, develop a suitable rehabilitation plan. Walk-through hours are 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 4:00 p.m. Monday through Friday. (626) 463-6182 The California Workers' Compensation Appeal Board is an important entity all Los Angeles workers should be aware of.While no one envisions having vital medical care reimbursement and compensation for lost wages denied by a system designed to protect injured workers and their families, much less suffer a workplace injury in the first place, the reality is many workers must have their cases . OD LEGAL LOS ANGELES . Subsequent to the judge's decision and the denial of reconsideration by the Board, the Supreme Court in Gallamore v. Workers' Comp. endstream endobj 126 0 obj <>stream A worker determined to have a permanent partial disability receives weekly benefits for a period which increases with the percentage of disability, from four weeks for a one percent permanent disability up to 694.25 weeks for a 99.75 percent disability. 400, the court commented that It seems reasonably safe to conclude that there may be an exception to the Gallamore rule where the benefit which is unreasonably delayed (e. g., medical treatment) is not a direct monetary payment to the injured worker and, to be effective, the penalty must be assessed against some reasonably related benefit (e. g., temporary disability) which is part of the same award. It has been argued that this statement in Lorenz Bauer appear(s) contrary to the explicit holding in Gallamore that the penalty applies against the class of benefits ultimately awarded in which the delay occurred. (10-Percent Penalty Under Labor Code s 5814 Court Redrafts Opinion Assessing Penalty Against Delayed Benefits, in Light of Gallamore (1979) 7 Cal.Workers' Comp.Rptr. Appeals Bd. Accordingly, the assessment of the penalty against the awarded future medical treatment must be annulled. 192, 481 P.2d 200; Berry v. Workmen's Comp. 129) which developed the rule that the penalty should not be applied to those types of benefits which were neither delayed nor refused. (Gallamore, supra, 23 Cal.3d at p. 826, 153 Cal.Rptr. The maintenance allowance payable to an injured worker while in rehabilitation is, like temporary disability benefits, designed to replace two-thirds of lost earnings, but the maximum weekly amount is lower $246 per week. The former and latter are statutorily protected. Long Beach Workers' Compensation Appeal Board. (, In each of these cases, the WCAB starts its analysis with the definition of employee found in. Thus, if any part of a specific benefit has been delayed or withheld, the penalty is imposed against the entirety of that benefit. (Gallamore, supra, 23 Cal.3d at p. 827, 153 Cal.Rptr. Thus, it is clear from Gallamore that the penalty applies to the entire permanent disability award except for that portion of the penalty covered by the March 1977 settlement. 757; Ramsey v. Workmen's Comp. Privacy Policy, function googleTranslateElementInit() { As of Jan. 1, 2004, the rates are $220 per week for disabilities less than 69.75 percent and $270 per week for disabilities rated at 70 to 99.75 percent. Appeals Bd. Insurance disputes that require a fight for the benefits you deserve are common. Workers' Compensation Appeals Board (WCAB) The Workers' Compensation Appeals Board (WCAB) exercises all judicial powers vested by the Labor Code in a reasonable and sound manner and provides guidance and leadership to the workers' compensation community through case opinions and regulations. arossi@ceo.lacounty.gov, Tony Taras How Much Does a California Car Accident Lawyer Cost? 123 0 obj <>stream While the WCAB has the authority to hear workers compensation concerns from the onset of a dispute, the board usually hears appeals of rulings handed down by judges. Other Los Angeles County zip codes pertain to other Workers compensation Appeals Boards. To qualify for this benefit, the injury must result in a permanent disability, the injured employee does not return to work within 60 days after temporary disability ends, and the employer does not offer modified or alternative work. Generally, the maximum (where three or more total dependents are eligible) is $160,000, though additional benefits are payable if there continues to be any dependent children after the basic death benefit has been paid. Appeals Bd., supra, 35 Cal.App.3d 374, 376, 110 Cal.Rptr. ), The weight of prior appellate authority is that for the class of benefits delayed which is subject to a penalty that portion of such benefit class Voluntarily and Timely paid prior to the issuance of an award is not subject to a penalty. Work Related Injury/Illness 24-Hour Telephonic Reporting.
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