WATKINS MANUFACTURING CORPORATION Permissibly Self-Insured JOSE JUAREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE JUAREZ, Applicant,vs.WATKINS MANUFACTURINGCORPORATION, Permissibly Self-Insured, Defendants.Case No. ADJ994369 (SDO 0274313)NOTICE OF INTENTIONTO RETURN CASE TOTRIAL LEVEL FOR DETERMINATIONOF ATTORNEY’S FEESPURSUANT TO LABOR CODESECTION 5814.5 AS PART OFDECISION AFTER RECONSIDERATION We earlier granted applicant’s petition for reconsideration of the February 12, 2014 Findings and Award of the workers’ compensation administrative law judge (WCJ), who found that applicant is entitled to medical mileage and parking expense reimbursement in the total amount of $151.19, plus a 10% penalty of $15.12 against that amount pursuant to Labor Code section 5814.1 The WCJ further found in Finding of Fact 4 that, “There is no basis to award an attorney’s fee.” It is admitted that applicant sustained cumulative industrial injury to his pulmonary system and upper back while working for defendant as a foam core assembler during the period ending January 22, 1999. Applicant contends that the WCJ should have sanctioned defendant and awarded attorney’s fees pursuant to section 5813 in addition to ordering reimbursement and awarding the 10% penalty. An answer was not received. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied./ / // / / 1 Further statutory references are to the Labor Code. , Based upon our initial review of applicant’s petition and the record in this case, it appears that an award of attorney’s fees is appropriate, but that the award should be made pursuant to section 5814.5, which provides in full as follows:[justify] “When the payment of compensation has been unreasonably delayed or[/justify][justify] refused subsequent to the issuance of an award by an employer that has[/justify][justify] secured the pay
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