Jack In the Box, Inc., permissibly self-insured Charles Cowart WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES CO WART, Applicant,vs.JACK IN THE BOX, INC.,permissibly self-insured Defendant.Case No. ADJ2464522 (OAK 0338150)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 4, 2012 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that defendant unreasonably delayed payment of the money due applicant and his attorney pursuant to the parties’ compromise and release agreement as approved by order of the WCJ on May 9, 2012, and awarded a penalty of $10,000 to be paid to applicant and another $10,000 penalty to be paid to his attorney pursuant to Labor Code section 5814, along with attorney’s fees pursuant to Labor Code section 5814.5 with the exact amount deferred. Defendant contends that two penalties should not have been awarded because the delay in payment resulted from applicant’s failure to timely provide defendant with information needed to fund the annuity contemplated by the May 9, 2012 compromise and release agreement. An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. Reconsideration is granted. There is no evidence that defendant acted unreasonably in obtaining the annuity selected by applicant as part of the compromise and release agreement and the record shows that a substantial reason for the delay in finalizing the annuity was applicant’s delay in providing defendant with necessary information that was timely requested and needed for that purpose. For that reason, the WCJ’s award of a penalty for unreasonable delay in funding the annuity is not appropriate and it is rescinded. , As to the payment of applicant’s attorney’s fees pursuant to the compro
