California, United States of America
The following excerpt is from Mote v. Workers' Comp. Appeals Bd., 56 Cal.App.4th 902, 65 Cal.Rptr.2d 806 (Cal. App. 1997):
The issues of failure in providing medical treatment, payment for self-procured medical treatment, as well as medications, had been raised at [56 Cal.App.4th 913] the first hearing; the issue of penalties for delay for these delinquencies had been raised at the December 26th hearing. Where, as here, the employer has a continuing duty to provide such benefits as found by the agreed medical examiner, the petitioner may subsequently raise the issue of penalties for such unreasonable conduct in refusing or delaying such benefits. (See generally Kerley v. Workmen's Comp.App. Bd. (1971) 4 Cal.3d 223, 93 Cal.Rptr. 192, 481 P.2d 200.)
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