Maxamillion Hillenbrand — ADJ8195851

Applicant Maxamillion Hillenbrand was found 100% permanently totally disabled in a February 8, 2021 Decision After Reconsideration, which defendant Endurance Assurance Corp. did not appeal. Following remand to determine wage rate and the amount of permanent total disability due, the WCJ issued a Findings, Award, and Order on August 25, 2021 fixing the wage rate (including a $100/week auto allowance), awarding penalties and interest for delayed payment, and ordering immediate payment of any undisputed portions. Defendant petitioned for reconsideration, attempting to relitigate the already-final finding of permanent total disability, disputing the auto allowance, and challenging penalties. The WCAB adopted the WCJ's report and denied reconsideration, finding defendant estopped from relitigating disability, the wage-rate argument skeletal and unsupported, and penalties proper because defendant failed to pay undisputed amounts. The Board also permitted the WCJ to consider sanctions in the first instance given the frivolous and bad-faith nature of the petition.