CITY OF LOS ANGELES, Permissibly Self- Insured; TRISTAR RISK MANAGEMENT, CHAUNCEY HUGHES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHAUNCEY HUGHES, Applicant,vs.CITY OF LOS ANGELES, Permissibly Self-Insured; TRISTAR RISK MANAGEMENT, Defendants.Case No. ADJ3139846 (MON 292120)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s Findings and Award of January 7, 2009, wherein it was found that defendant unreasonably delayed payment of $51,153.85, the amount due on a June 26, 2008 Findings and Award. The WCJ therefore assessed a Labor Code § 5814 penalty in the amount of $10,000 for the unreasonable delay. The WCJ also found that “[Labor Code] § 5814.5 attorney fees are appropriate in this case and will be awarded upon applicant’s attorney filing and serving a Petition for attorney fees detailing the time spent in connection with the enforcement of this award.” In this case, it was stipulated that, while employed as a firefighter during a cumulative period ending on June 25, 2002, applicant sustained industrial injury to his neck, spine, both knees, ankle, bilateral shoulders, bilateral elbows, and in the forms of tinnitus and hearing loss. The June 26, 2008 decision found the defendant liable to the applicant for retroactive vocational rehabilitation maintenance allowance. Defendant contends that the WCJ erred in finding that it unreasonably delayed payment of the June 26, 2008 Findings and Award, and that it is therefore not liable for a Labor Code § 5814 penalty or Labor Code § 5814.5 attorney’s fees. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”). As explained below, we will grant reconsideration, rescind the Findings and Award of January 7, 2009, and issue a new decision reflecting that defendant did not unreasonably delay , paymen
