The employer then delivered the checks to the claimant. See Id. at 235. In determining the amount of penalty, the commissioner is to consider factors such as the length of the delay, the number of delays, the information available to the employer regarding the employee's injury and wages, and the employer's past record of penalties. Weekly compensation payments are due at the end of the compensation week. Penalty is not imposed for delayed interest payments.
Industrial disability is a question of fact.
Defendant, while at the hearing disputed whether the injury was to the leg, or to the body as a whole, ultimately recognized that the injury was to be evaluated on an industrial disability level. The amount of the benefits was clearly at issue during the entire course of the proceedings. The facts of the case show that claimant as able to return to her regular job duties, at a rate of pay higher than what she was earning at the time of the injury. There were no permanent work restrictions placed on claimant, and any limitation of work was solely at the discretion of claimant. While payment of a disability rating will not always absolve defendants of a penalty against their actions, in this case, the extent of claimant's industrial disability was debatable.