Javier Navarette — ADJ10346260

Applicant Javier Navarette submitted mileage logs for travel to medical appointments on December 9, 2021, but defendant failed to reimburse within the 45-day window required by Labor Code section 4603.2(b)(2), ultimately paying 222 days after submission while a penalty petition was pending. The WCJ assessed a 15% Labor Code section 5814 penalty, and applicant sought reconsideration arguing the maximum 25% penalty should apply. The Appeals Board granted reconsideration, holding that given the small amount delayed (approximately $200) and defendant's failure to present any mitigating Ramirez factors, only the maximum 25% penalty would serve the statute's goal of encouraging prompt payment. The Board amended the decision to impose a 25% penalty plus interest on the delayed mileage.