Sherry Dulaney — ADJ8835104

Applicant Sherry Dulaney, a phlebotomist, settled her industrial injury claim via Stipulation with Request for Award approved January 26, 2022, with the parties agreeing penalties/interest were waived if payment was made within 30 days. The settlement checks ($40,096.50 to applicant and $15,845 to her attorney) were not received until 42 days after service of the Award, and no self-imposed penalty was paid. The WCJ found unreasonable delay and awarded 15% penalties under Labor Code section 5814. On reconsideration, the Board granted reconsideration to amend the award so that all section 5814 penalties (including the one tied to attorney's fees) are payable to applicant rather than her attorney, and to defer the issue of section 5814.5 fees. The Board otherwise affirmed the WCJ's decision and adopted the Report.