Triseena Carter — ADJ8200135

Applicant Triseena Carter, a juvenile institution officer, was awarded 100% permanent disability by a 2019 Findings and Award. After defendant County of Alameda exhausted its appeals (the Court of Appeal denied its writ on 04-27-2020), the parties stipulated that 05-11-2020 was the due date for payment of all retroactive permanent disability indemnity plus COLA. Defendant paid no retroactive indemnity by that date, instead beginning a staggered payment schedule on 05-13-2020. The WCJ imposed a mandatory 10% self-imposed penalty of $51,257.15 under Labor Code section 4650(d), a $10,000 maximum penalty under section 5814, and attorney fees under section 5814.5. The Board adopted the WCJ's Report and denied reconsideration, holding the 4650(d) penalty is mandatory and non-discretionary, the 5814 penalty was warranted and not subject to offset because no timely self-imposed 4650(d) payment had been made.