WEST STAR NORTH DAIRY; BERKSHIRE HATHAWAY HOMESTATE COMPANIES Juan Santiago WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN SANTIAGO, Applicantvs.WEST STAR NORTH DAIRY; BERKSHIRE HATHAWAY HOMESTATECOMPANIES, DefendantsAdjudication Number: ADJ11907609; ADJ11093493Fresno District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the October 12, 2020 Findings of Fact and Award issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that defendant paid permanent disability advances (PDAs) in the amount of $9,537.14 prior to signing a Compromise and Release (C&R) approved on August 12, 2019; that defendant failed to secure a credit of the PDAs in the C&R that applicant is entitled to payment of $9,537.14; and that defendant is subject to a 25% penalty pursuant to Labor Code1 section 5814 and interest pursuant to section 5800 on the unpaid amount. On January 21, 2021, defendant filed a Supplemental Petition for Reconsideration without requesting permissions to do so. Pursuant to our authority, we reject defendant’s supplemental pleading. (Cal. Code Regs., tit. 8, former § 10848, now § 10964 (eff. Jan. 1, 2020).) In its petition, defendant contends that the WCJ erred in finding applicant entitled to payment of $9,537.14, arguing that it reasonably asserted credit for that amount for benefits paid and that applicant is estopped, barred by laches, and would be unjustly enriched by receiving that payment. Defendant further contends that the section 5814 penalties are excessive arguing that it timely paid the OACR and any delay was caused by applicant’s failure to dispute the asserted credit. 1All further statutory references are to the Labor Code, unless otherwise noted. , Applicant who is pro per did not file an answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending that we deny reconsideration. Based on ou
Menu
