Gallardo, Ramon

Applicant Ramon Gallardo, a cook who sustained a cumulative trauma injury to his thoracic and lumbar spine, filed a petition for reconsideration of the WCJ's Amended Supplemental Findings and Orders dated November 25, 2024. The central issue on reconsideration was whether applicant was entitled to interest under Labor Code section 5800 on the August 20, 2022 award, where defendants failed to pay benefits timely and even escheated one large benefit check ($11,955.75) to the State Controller's office. The Appeals Board granted reconsideration, holding that section 5800 interest is mandatory and applicant need not have raised the issue separately. The Board amended the findings to add that interest is mandatory and that applicant is entitled to interest on the August 20, 2022 award, with the parties to adjust the exact amount and the WCJ reserving jurisdiction. The Board also addressed the timeliness of its decision under newly amended section 5909, finding it acted within 60 days of the December 26, 2024 transmission.