American Tooth Industries; State Compensation Insurance Fund Hilda Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHILDA HERNANDEZ, Applicant,vs. AMERICAN TOOTH INDUSTRIES; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. OXN 0140967OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant, State Compensation Insurance Fund (SClF), seeks reconsideration of the October 30, 2007 Findings and Award, wherein it was found, inter alia, that applicant, born April 2, 1968, while employed during the period of April 23, 2004 through March 28, 2005 as a receptionist/assembler, sustained industrial injury to both upper extremities; that the parties stipulated that defendant has paid applicant’s attorney $356.25 of the $416.25 demanded in Labor Code section 5710 deposition attorney’s fees; that pursuant to Labor Code section 5814 defendant unreasonably refused or delayed the remaining balance of the Labor Code section 5710 fees as requested by applicant’s attorney and awarded by the WCJ on March 21, 2007; that the remaining balance of $60.00 shall be paid by defendant, along with an increase of 25% of the amount unreasonably delayed or refused; and that pursuant to Labor Code section 5814.5, a reasonable attorney’s fee in order to enforce the award of fees signed by the WCJ on March 21, 2007 is $1,350.00. Defendant contends that 1) the workers’ compensation administrative law judge (WCJ) erred in awarding a Labor Code section 5814 penalty and Labor Code section 5814.5 attorney’s fees based on the fact that applicant and defendant were unable to agree on what constitutes a , reasonable Labor Code section 5710 fee; 2) a penalty can only be awarded upon a showing of an unreasonable delay of paying compensation and a Labor Code section 5814.5 fee can only be awarded upon showing that an applicant has incurred attorney’s fees for enforcing an award; 3) a genuine and good faith dispute over what constitutes
