A-25-812, Elvia Perez Yax (Cross-Appellant) v. Packers Sanitation Services, Inc., and Indemnity Insurance Company of North America (Appellants)
Workers’ Compensation Court, Judge Dirk V. Block
Attorney for Appellant: Jenny L. Plager (Caswell, Plager & Westerhold, LLC)
Attorneys for Appellee: Cathy S. Trent-Vilim and Rachel R. Raymond (Lamson, Dugan & Murray LLP)
Workers’ Compensation Action: Waiting-Time Penalty
Action Taken by Trial Court: While working for Packers Sanitation Services, Yax’s left hand was caught in a moving conveyor belt on a bacon press, and two of her fingers had to be surgically amputated. Packers Sanitation Services subsequently terminated her employment for violating its safety rules, and they paid no indemnity benefits to her. Yax filed a petition seeking temporary and permanent indemnity benefits, future medical care, vocational rehabilitation, waiting time payments, interest, and attorney fees. Packer Sanitation Services and Indemnity Insurance Company of North America alleged that Yax’s injuries were caused by or resulted from her willful negligence and violation of the employer’s reasonable safety rules.
Following trial, the workers’ compensation court entered an award in Yax’s favor. It awarded her temporary total disability, permanent partial disability, medical expenses, future medical care, a 50-percent waiting time penalty, $22,250 in attorney fees, and interest. Regarding the penalties for late payment of disability benefits, the court found that there was no reasonable controversy as to whether Yax was willfully negligent in violating the safety rules; the defendants willful negligence defense hinged entirely on their “alternative version” of what happened, but that narrative was based on speculation unsupported by facts.
Assignments of Error on Appeal: Packers Sanitation Services and Indemnity Insurance Company of North America assign that the compensation court erred by finding that they were liable for a penalty, attorney fees, and interest when there was a reasonable controversy as to Yax’s entitlement to benefits.
Assignments of Error on Cross-Appeal: Yax assigns that the compensation court erred by failing to award her costs where the