Kroger Co., the WCAB charged that Sedgwick demonstrated "blithe disregard for its legal and ethical obligations and a callous indifference to the catastrophic consequences of its delays, inaction and outright neglect."
The WCAB upheld penalties imposed against Sedgwick CMS in the amount of the maximum penalty allowed by law--$10,000 for each of 11 instances of unreasonably delaying medical care.
Kroger/Sedgwick case the threat of fines, penalties and audits apparently did nothing to deter the TPA from what the WCAB, in its April 16, 2013 Opinion and Decision After Reconsideration, called "a callous indifference to the catastrophic consequences of delays, inaction and outright neglect," as noted above.
The WCAB adds that "the adjuster studiously avoided information that might lead to the provision of benefits, a tactic that may have saved her employer some money in the short run--at great cost to Mr.
If the claim is litigated, promptly assign the matter out to counsel with stress claim expertise equipped to deal with the new WCAB
fast track procedural requirements - the WCAB
, by law, has a very limited time to set a hearing date once a case is filed.