Meza, Maria Alejandra

Applicant Maria Alejandra Meza sought reconsideration of an October 8, 2025 F&O denying penalties, sanctions, costs, and attorney's fees under Labor Code sections 5813, 5814, and 5814.5 arising from defendant's alleged delay in authorizing a right total hip arthroplasty. The surgery was originally denied through UR on November 27, 2023; the WCJ later found the UR denial timely decided but untimely communicated, giving the Board Dubon II jurisdiction to award the surgery, which proceeded September 12, 2024. The Board held that defendant had genuine medical and legal doubt regarding both the timeliness of UR and the medical necessity of the surgery (which required rebuttal of MTUS), so the ten-month delay during active litigation was not unreasonable. Because there was no bad faith, no unreasonable delay, and no enforceable award preceding counsel's authorization efforts, sanctions and 5814.5 fees were unavailable. The petition for reconsideration was denied.