Roberto Michel — ADJ12728144

Roberto Michel, a seasonal farm worker, sustained an accepted low back injury on 8/6/2019. After defendant delayed and failed to timely pay temporary disability indemnity for two periods (11/18/2019–1/17/2020 and 3/22/2020–11/28/2020), the WCJ awarded two separate penalties: a 10% penalty under Labor Code §4650(d) for untimely payment and a 25% penalty under Labor Code §5814(a) for unreasonable delay. Defendant petitioned for reconsideration/removal, arguing the findings were ambiguous and that only one penalty should apply. The Board granted reconsideration solely to clarify that two separate penalties were awarded across two separate disability periods and that defendant is entitled to credit for any penalties already paid, otherwise affirming the WCJ's decision.