Alvin Sellers — ADJ10776773

Applicant Alvin Sellers, Jr. claimed a hernia injury while working as a gardener in training for the City and County of San Francisco. The parties stipulated in a July 24, 2018 Compromise and Release that defendant would pay $1,600 in Labor Code section 5710 deposition fees, but defendant had actually already paid $1,600 on June 11, 2018, about a month before the MSC. Applicant sought to enforce the stipulation plus penalties and attorney fees, contending defendant lacked genuine legal doubt regarding its obligation. The WCJ ordered payment of the stipulated $1,600 but denied penalties, finding defendant had not unreasonably delayed. On reconsideration, the Board dismissed defendant's untimely petition and affirmed the F&O, holding that defendant had genuine doubt as to its continued obligation to pay separate from the prior June 11, 2018 payment, which excused penalties under Labor Code section 5814.