Grant Grover, vs. Atascadero State Hospital, Legally Uninsured, Adjusted By State Compensation Insurance Fund,

In this case, Grant Grover, the applicant, was seeking a penalty from Atascadero State Hospital, Legally Uninsured, Adjusted By State Compensation Insurance Fund, for unreasonably delaying the payment of attorney's fees. The Workers' Compensation Appeals Board affirmed the September 9, 2016 Findings and Award, except that Finding of Fact no. 3 was amended to include a credit for the self-imposed penalty previously paid. The Board also found that applicant's attorney was allowed attorney's fees on the penalty awarded to applicant, in the amount of $335.34, and assessed a penalty of 25% of the costs payable to vocational expert John Meyers.

Atascadero State Hospital, Legally Uninsured, Adjusted By State Compensation Insurance Fund, Grant Grover, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGRANT GROVER,Applicant,vs.ATASCADERO STATE HOSPITAL, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ9054894(San Luis Obispo District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the Petitions for Reconsideration (Petitions) filed by defendant and applicant to further study the factual and legal issues in this case. This is our Opinion and Decision after Reconsideration. Both parties sought reconsideration of the September 9, 2016 Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that defendant had unreasonably delayed the payment of attorney’s fees to applicant’s attorney. The WCJ found applicant was entitled to a penalty in the amount of $2,235.60 because of the late payment, while defendant was entitled to credit for its 10% payment. The WCJ also found that applicant’s attorney Mr. Herreras was allowed attorney’s fees on the penalty awarded to applicant, in the amount of $335.34. The WCJ also assessed a penalty of 25% of the costs payable to vocational expert John Meyers.            Defendant contended that the WCJ erred in finding that applicant was entitled to a penalty. Defendant also contended that the WCJ erred in awarding attorney’s fees on the penalty awarded to applicant. Defendant also contended that the WCJ erred in assessing a penalty of 25% of the costs payable to Mr. Meyers, and in excluding the 10% self-imposed penalty that defendant included in its July 14, 2016 payment to Mr. Meyers.            Applicant contended that the WCJ erred in awarding the penalty in the amount of $2,235.60 to applicant, and not to applicant’s attorney.            We have received an Answer to defendant’s Petition from applicant. We have not received an , answer to applicant’s Petition f

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