In this case, Ivan Moreno was awarded a $10,000 penalty from Sosa Granite & Marble and Majestic Insurance Company for unreasonably delaying payment of permanent disability indemnity after his industrial injury. The WCJ found that the defendants had no good reason to doubt from the available medical reporting that applicant had incurred permanent disability and should have acknowledged that some permanent disability indemnity was due and should have advanced 80% of the acknowledged amount. The WCJ awarded a $10,000 penalty because an award of 25% of the $43,897.14 in unpaid permanent disability indemnity at the time of the Award would have exceeded the maximum penalty allowed by Labor Code section 5814(a). The Appeals Board granted the petition for reconsider
Sosa Granite & Marble; Majestic Insurance Company Ivan Moreno WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIVAN MORENO, Applicant,vs.SOSA GRANITE & MARBLE; MAJESTIC INSURANCE COMPANY, Defendants.Case No. ADJ6650899 (Stockton District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendants seek reconsideration of the October 11, 2012 Findings Of Fact and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred 43% permanent disability, but no additional temporary disability, as a result of the admitted industrial injury he incurred to his low back, psyche and in the form of a hernia while employed by Sosa Granite & Marble as a tile installer on December 18, 2007.1 The WCJ further found as follows: “Defendant’s actions in not paying any permanent disability are unreasonable and the appropriate penalty is 25% against all permanent disability due, subject to a cap of $10,
