CITY OF LOS ANGELES WILLIAM YOUNG WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM YOUNG, Applicant,vs.CITY OF LOS ANGELES, Defendants.Case Nos. ADJ3724129 (VNO 0414129)ADJ1154072 (VNO 0414130)OPINION AND ORDER DENYING RECONSIDERATION Applicant, William Young, seeks reconsideration of the Joint Findings and Order, issued July 27, 2012, in which a workers’ compensation administrative law judge (WCJ) denied applicant’s claim for a penalty for defendant’s unreasonable delay in providing spinal surgery, finding the claim for a penalty is barred by Labor Code section 5814(c). The WCJ further found defendant did not violate Labor Code section 5813, and that there was no basis for an award of attorney fees pursuant to Labor Code section 5814.5. Applicant contends the WCJ erred in concluding the claim for penalty for defendant’s unreasonable delay in authorizing spinal surgery is barred under Labor Code section 5814(c), and should have found defendant’s 32 month delay in authorizing surgery to be egregious and sanctionable conduct. As of the date of this opinion, defendant has not filed an answer to applicant’s petition. We have considered the allegations and arguments of the Petition for Reconsideration and have reviewed the record in this matter and the WCJ’s Report and Recommendation on Petition for Reconsideration of August 21, 2012, which considers, and responds to, each of the applicant’s contentions. Based upon our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate as the decision of the Board, we will affirm the WCJ’s Joint Findings and Order, and deny the petition for reconsideration./ / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration, filed August 15, 2012, is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________DEIDRA E. LOWEI CONCUR,________________________
