Lopez Perez, Jose De Jesus

Applicant, a horse exerciser, sustained an admitted industrial injury on October 30, 2021. After applicant's attorney demanded an increased TD rate and was deposed three times, the parties stipulated to a higher TD rate ($824.78 vs. $596.27), requiring retroactive differential payments. The WCJ imposed section 5814 penalties of $377 for unreasonable delay in paying section 5710 deposition attorney's fees and section 4650(d) penalties of $1,494.91 for late retroactive TD payments. Defendant petitioned for reconsideration, arguing section 5710 fees are not 'compensation' subject to section 5814 and that section 4650(d) penalties do not apply when the TD rate is disputed. The Appeals Board denied reconsideration, holding that attorney's fees constitute compensation under section 5814 and that section 4650(d) is a self-executing strict liability provision applicable to any untimely indemnity payment where liability is undisputed.