Labor Code sections 5814 and 5814.5 allow you to seek a penalty over benefit that was unreasonably delayed. The Defendant should pay you within 30 days unless they have a good faith dispute that they follow up on with thier own Petition for Reconsideration. There is not enough information to answer your question.Ask a similar question
I agree with Mr. Epperly that there is not enough information provided. If you asked for the commutation and you got the commutation, why would you be appealing? Depending on the nature of the appeal, yes, they could hold off but this would be very fact specific.
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YOU filed a Petition for Commutation of an Award, the judge agreed with YOU, you have the judge's order, so the defendant will very likely just pay on that order.
You're not going to appeal your own Order of Commutation, that would be nutty.
If you are going to appeal the judge's initial award, THAT could put all payments 'in limbo' while the WCAB up in Oakland decides if the judge made any errors; I'll bet the defendant will 'delay' payment on the commutation award awaiting the Oakland WCAB ruling on any appeal of the Findings & Award and not face any penalty, because the defendant might have LESS to pay after a reconsideration.
A defendant insurer wouldn't pay the file the Petition for Reconsideration on the Findings & Award, awaiting the ruling from the WCAB in Oakland, and AFTER the reconsideration is wrapped up THEN file the petition for commutation.Ask a similar question