What the panel ordered
The WCAB rescinded the WCJ's Findings of Fact and Order of November 4, 2022, and awarded applicant penalties, interest, and attorney's fees for unreasonably delayed payment of settlement proceeds.
Applicant seeks reconsideration of the WCJ's Findings of Fact and Order of November 4, 2022, which denied penalties. The WCJ filed a Report and Recommendation to deny reconsideration. The WCAB granted reconsideration to further study the issues and issued this decision after reconsideration.
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 delay in payment of settlement proceeds was over 80 days, which was unreasonable. Defendant did not provide evidence of mailing the payment or mitigating factors. Therefore, penalties, interest and attorney fees were awarded to applicant.
From the decision · page 4Here, the delay in payment of settlement proceeds owed to applicant was over 80 days, which was unreasonable. Defendant did not offer any evidence regarding any of the mitigating Ramirez factors. While defendant introduced evidence that payment was issued, that does not establish that defendant actually sent the check to applicant via US mail. Defendant is entitled to rely on the US Postal Service for mailing correspondence, but in this case, defendant offered no evidence that it put the payment in the mail. Defendant provided no testimonial evidence from claims adjusters or supervisors regarding the purported payment. Therefore, we find a penalty appropriate to the facts herein, plus interest and attorney's fees.