APRIA HEALTHCARE and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CARLOS CORTEZ, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS CORTEZ,, Applicant,vs.APRIA HEALTHCARE and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA,, Defendants.Case No.SFO 483527OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Findings, Award, [and] Order of May 25, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that applicant sustained an admitted industrial injury to his lower extremities and knees on January 30, 2004, while employed as a laborer by Apria Healthcare, Insurance Company of the State of Pennsylvania’s insured on the date of injury, and that the parties settled applicant’s case-in-chief on April 26, 2006, by Compromise and Release (C&R) for $38,000. In the C&R, the parties stipulated, in relevant part, that the injury caused applicant 28% permanent disability. The WCJ I also found, in essence, that defendant unreasonably delayed providing applicant with an $8,000 supplemental job displacement voucher, due in light of applicant’s 28% permanent disability, from either the date of approval of the C&R or on or about October 17, 2006, until May 4, 2007, entitling applicant to a 25% increase in the value of the voucher, or $2,000, pursuant to Labor Code section 5814′ and to an additional $300, pursuant to section 5814.5, for his attorneys’ fee in enforcing the prior award of compensation. Defendant contends that it should not be liable for the maximum penalty pursuant to section 5814, arguing that the delay in providing the voucher was, in part, due to applicant’s 1 All further statutory references are to the Labor Code. , to request dispute resolution from the Administrative Director and that the voucher has no monetary value until applicant uses it. Defendant also contends that it should not be liable for applicant’s attorneys’ fees pursu
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