JM Smucker Company and Broadspire Jose Tostado WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE TOSTADO, Applicant,vs.JM SMUCKER COMPANY andBROADSPIRE, Defendants.Case No. ADJ4349754 (OXN 0124391)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the November 14, 2012 Findings, Award, Order and Notice of Intention to Impose Sanctions wherein the workers’ compensation administrative law judge (WCJ) found that applicant is entitled to a 25% increase of delayed life pension benefits; applicant’s attorney is entitled to reasonable attorney’s fees on that amount; and defendant’s law firm, Savage Finete engaged in bad faith tactics and should be sanctioned, pursuant to Labor Code section 5813. The WCJ issued a Notice of Intention to Sanction. Defendant contends that the WCJ erred in awarding a 25% penalty and attorney’s fee, arguing, in essence, that defendant was denied due process and that applicant is not entitled to benefits. Defendant also contends that it did not engage in bad faith tactics and should not be sanctioned pursuant to Labor Code section 5813. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed by the WCJ in her Report, which we adopt and incorporate by reference and for the reasons discussed below, we will deny reconsideration. Applicant sustained an industrial injury on March 13, 2001 to his low back and left shoulder. In 2003, a WCJ issued a Findings and Award of 81% permanent disability entitling applicant to a life , pension at $81.17 per week. Subsequently, applicant filed a Petition to Reopen for New and Further Disability which was supported by medical evidence. Thereafter, the parties executed a
