WELLS FARGO BANK; SPECIALTY RISK PLEASANTON CARLOS ANDRADE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS ANDRADE, Applicant,vs.WELLS FARGO BANK; SPECIALTY RISK PLEASANTON, Defendants.Case No. ADJ7680121(San Luis Obispo District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant Carlos Andrade (applicant) seeks reconsideration of the Finding and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 3, 2012.1 In that F&O, the WCJ found that applicant did not meet his burden to show that his medical benefits were unreasonably delayed or refused and ordered that applicant take nothing on his petition for penalties. Applicant contends that he met his burden to show delay so that he should have been awarded penalties and attorney’s fees under Labor Code sections 5814 and 5814.5 for defendant Wells Fargo Bank (defendant)’s failure to timely furnish medical care. We received an answer from defendant. We received a Report and Recommendation (Report) from the WCJ in response to the petition for reconsideration, which recommends denial of the petition. We have reviewed the record and considered the allegations of the petition for reconsideration and the answer, and the contents of the Report. Based on our review of the record, for the reasons stated in the Report which we adopt and incorporate, and for the reasons stated below, we will deny applicant’s petition. 1 This matter was before us previously on two occasions. On June 6, 2011, we dismissed defendant’s petition for reconsideration and denied defendant’s petition for removal. On October 4, 2011, defendant filed a petition for reconsideration of the WCJ’s findings and award of September 19, 2011, which we denied on December 2, 2011. , The record in EAMS reveals that applicant began to see psychiatrist Nir Y. Lorant, M.D., on August 18, 2010 and continued to see him on a monthly basis.
