Castro, Howard

Applicant Howard Castro suffered a 2015 specific injury with multiple accepted body parts; in September 2024 the parties resolved a Petition to Reopen via a 47% Stip Award and separately stipulated to a one-time ophthalmology consult with Dr. Kurwa for an alleged compensable consequence eye injury related to industrial diabetes. Applicant's attorney sought a supplemental report from internal QME Dr. Weingarten and an ophthalmology QME panel, and after defense attorney sent an October 30, 2024 letter objecting to additional costs, applicant petitioned for sanctions under Labor Code 5813 and penalties/fees under 5814 and 5814.5. The WCJ found no violation of section 5813 or 5814 and awarded no fees or sanctions against either party. Both parties sought reconsideration. The Board denied applicant's petition, finding defendant had genuine doubt as to the compensable consequence claim and authorized a consult within eight days of the stipulation, so no unreasonable delay or bad faith occurred. The Board granted defendant's petition only to defer Finding 4 (sanctions against applicant's attorney) and remand because the finding as written did not squarely match the trial issue and defendant raised potentially new contentions after the WCJ's Report.