Defendant here knew claimant would dismiss her appeal once payment of the award was accepted. Defendant alleged that the size of the award required extensive time to process. However, none of the internal procedures were explained, nor were any of the steps taken by defendant to secure payment outlined or explained. Thus, it is determined that defendant has delayed payment to claimant without reasonable or probable excuse. The claimant has previously been awarded 25 percent penalty benefits in this series of litigation in an earlier decision.
Defendant is well aware of the penalty provisions of the statute.
Defendant has been assessed penalty benefits not only in this case previously, but in numerous other cases, as is evidenced by the record. After considering all of the factors, including the length of the delay, the amount of money due and owing, and the past history of this employer, it is determined that claimant is entitled to a 50 percent penalty for delay in payment. Claimant argues in her brief, persuasively, that defendant only produced payment when they recognized that she was about to proceed with judgment collection against them. A claimant should not have to undergo judgment collection procedures to collect workers' compensation benefits that have been due and owing, particularly when the defendants have decided not to appeal the decision. Additionally, Mr. Gunderson's mistaken belief that merely filing an appeal of an award would entitle the defendant to not pay is not supported by the law.