Ortega, Gregory

Applicant Gregory Ortega sought reconsideration of a July 23, 2024 Findings and Award in which the WCJ found applicant failed to meet his burden of proof on penalties, sanctions and costs related to alleged delays in paying permanent disability indemnity. Applicant argued defendant owed an automatic 10% statutory increase under Labor Code section 4650(d) for late PD payments, plus section 5814 penalties for unreasonable delay, and attorney's fees under sections 5814.5 and/or 5813. The Board found the WCJ's decision inadequate because it failed to cite supporting evidence, leaving the Board unable to evaluate when defendant had reasonable knowledge further PD was due, whether payments were timely, and whether any delay was unreasonable. The Board granted reconsideration, rescinded the Findings and Award, and remanded for the WCJ to develop a complete record and make proper findings, also noting a typographical error in Finding No. 2 ($476,560.00 vs. correct $76,560.00).