40 COR 40-6836 [¶22,108R]
PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8 § 342(a), Labor Code § 6409.1(b) (2012) - The Board held that although the $5,000 penalty was intended for a failure to report a serious injury, Labor Code §6409.1(b) indicates that the penalty is not required in all cases. The Board no longer will consider the calculation factors in the Trader Dan’s DAR for adjusting penalties. Instead it will exercise its discretion to affirm, modify, or vacate a penalty when the employer fails to report, by imposing either a $5,000 or zero penalty.