Rebecca Reyes — ADJ199880, ADJ2257307

Lien claimant David Silver M.D. sought reconsideration of a January 27, 2021 Findings and Award that awarded him $24,957.86 in reimbursement, found no unreasonable delay in defendant's payment, and rejected any 'extraordinary circumstances' exception entitling him to fees above the OMFS. The Appeals Board affirmed the WCJ's decision in most respects, holding that after SB 228 amended Labor Code section 5307.1(b) effective January 1, 2004, neither the former statute nor AD Rule 9792.1(c) provides an 'extraordinary circumstances' exception to the OMFS. However, the Board amended the decision to find that defendant unreasonably delayed payment between the July 20, 2011 Finding of Fact and the March 6, 2012 payment because defendant offered no explanation for the delay. The Board awarded a Labor Code section 5814 penalty with jurisdiction reserved at the trial level, but affirmed that defendant did not engage in bad faith actions or tactics warranting sanctions.