Priscilla Lujan — ADJ7932563

Defendant sought removal of a WCJ order setting for trial applicant's penalties and sanctions issues (Labor Code section 4650(d) penalties for failure to pay PD and petition for sanctions/penalties for failure to pay TD). Defendant argued these issues were raised at the September 3, 2019 trial and denied by operation of law under section 5815 when the WCJ failed to rule on them, that section 5804's five-year limit barred relitigation, and that issue preclusion applied. The Appeals Board found that although the penalties and sanctions issues were identified in the initial Minutes of Hearing, they were never actually litigated, adjudicated, or determined—no testimony was taken on late checks and defendant offered no rebuttal evidence. The Board held that section 4650 penalties are self-executing and cannot be denied, that issue preclusion requires actual litigation and final adjudication, and that penalties/sanctions are not 'awards of compensation' subject to the five-year bar of section 5804. The Petition for Removal was denied.