Clennon Moore — ADJ3953416

Applicant Clennon Moore sustained a 1980 industrial injury to his back, head, and psyche while working as a medical assistant for the County of Los Angeles, and received a final disability award in 1983 plus penalty awards in 1998 and 2002. In 2016, defendant settled a Vision Quest Industries treatment lien for $6,400, and applicant sought Labor Code section 5814 penalties on that amount. The WCJ awarded a 25 percent penalty (or up to $10,000, whichever is less) under the amended version of section 5814, plus attorney's fees. Applicant sought reconsideration arguing the WCJ should have applied the pre-2004 version of section 5814 (10 percent penalty on the full benefit amount with no cap). The Appeals Board affirmed, holding that amended section 5814 applies retroactively per section 5814(h) and the Green decision, because the delay in payment occurred in 2016, after the statute's June 1, 2004 operative date.