Maria Vallejo — ADJ9602729, ADJ9602730

Applicant Maria Vallejo settled two industrial back injury claims by Compromise and Release approved by an amended OACR. The C&R required payment of settlement proceeds within 30 days of defendant's receipt of the order, with interest/penalties included if timely paid. Applicant's new counsel reported she received only one check (~$6,824), and defendant claimed it issued a second check dated July 26, 2021 for $30,130 that applicant never received; defendant later stopped payment and reissued the check on September 29, 2021. The WCJ found the payments timely and ordered applicant take nothing on her penalty petition. On reconsideration, the Board rescinded the F&O, finding the over-80-day delay unreasonable because defendant offered no evidence it actually mailed the check, and awarded penalties, interest, and attorney's fees.