Libron, Roger

Applicant Roger Libron sought reconsideration of an F&O finding he was not entitled to penalties or sanctions under Labor Code sections 5814, 5813, or 5814.5 for alleged late payment of a $90,000 C&R, specifically a missing $36,000 check from Gallagher Bassett. The WCJ found defendant timely issued and mailed the initial check and promptly replaced the missing check, but had also excluded the testimony of defendant's only witness for lack of personal knowledge. The Appeals Board held that the record was inadequate to support the WCJ's finding that the check was timely mailed because, without admissible testimony, there was no proof the check was properly addressed and placed in the mail and thus no mailbox-rule presumption of receipt. The Board also found the Ramirez factors and the actual length of any delay were never analyzed and that no evidence supported a bad-faith finding under section 5813. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level to develop the record.