What the panel ordered
The Petition for Reconsideration is granted, the November 5, 2025 Findings and Award is rescinded, and the matter is returned to the trial level for further proceedings.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on November 5, 2025, which was granted by the Appeals Board, rescinding the F&A and returning the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The record was incomplete and lacked evidence to determine if defendant's delay in payment was unreasonable, so the matter was remanded for further proceedings to develop the record and properly assess penalties and fees.
From the decision · page 6In the instant case, we are unable to provide meaningful review as to whether any interest, penalties under section 5814(a), and/or attorneys' fees under section 5814.5 are due because of the state of the record. We note that the matter was submitted with stipulations but without testimony or any exhibits. It is impossible to consider the issue of whether defendant's behavior was unreasonable as the mere fact that multiple checks were mailed does nothing to explain why the behavior occurred.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No testimony or exhibits were presented at trial; the record was incomplete and insufficient to assess reasonableness of defendant's delay in payment.
Favours neutral
Without a developed record, the Appeals Board could not meaningfully review the issue of penalties and attorney fees and thus remanded the matter for further proceedings.
From the decision · page 6In the instant case, we are unable to provide meaningful review as to whether any interest, penalties under section 5814(a), and/or attorneys' fees under section 5814.5 are due because of the state of the record. We note that the matter was submitted with stipulations but without testimony or any exhibits. It is impossible to consider the issue of whether defendant's behavior was unreasonable as the mere fact that multiple checks were mailed does nothing to explain why the behavior occurred.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Labor Code section 5909
Requires the Appeals Board to act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
From the decision · page 3Preliminarily, former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
Labor Code section 5814
Labor Code section 5814
Provides for penalties when payment of compensation is unreasonably delayed or refused.
Labor Code section 5814.5
Labor Code section 5814.5
Provides for attorney's fees incurred in enforcing payment of compensation awarded in addition to penalties under section 5814.
From the decision · page 5Section 5814.5 provides: When the payment of compensation has been unreasonably delayed or refused subsequent to the issuance of an award by an employer that has secured the payment of compensation pursuant to Section 3700, the appeals board shall, in addition to increasing the order, decision, or award pursuant to Section 5814, award reasonable attorneys' fees incurred in enforcing the payment of compensation awarded.
What proof carried it
The evidence the panel weighed, by kind.
No testimony or exhibits were presented at trial; the record was incomplete and insufficient to assess reasonableness of defendant's delay.
From the decision · page 6In the instant case, we are unable to provide meaningful review as to whether any interest, penalties under section 5814(a), and/or attorneys' fees under section 5814.5 are due because of the state of the record. We note that the matter was submitted with stipulations but without testimony or any exhibits. It is impossible to consider the issue of whether defendant's behavior was unreasonable as the mere fact that multiple checks were mailed does nothing to explain why the behavior occurred.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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