Jason Bacon — ADJ9221135, ADJ9221136

Applicant Jason Bacon, an inmate laborer for CDCR, sustained injuries to his left wrist (8/6/2013) and left thumb (10/29/2013), with 9% PD awards on each claim. After prior litigation established his entitlement to two separate SJDB vouchers (one per date of injury), applicant's counsel sought penalties and sanctions under Labor Code 5814, 5814.5, and 5813, alleging unreasonable delay and bad faith. The 5814/5814.5 claims were withdrawn, leaving only the 5813 bad-faith sanctions issue. The WCJ found defendant's issuance of non-genuine Notices of Offer of Regular, Modified or Alternate Work was not frivolous or solely intended to cause delay, but rather a good-faith means of litigating a novel issue of first impression (inmate worker SJDB entitlement). The WCAB adopted the WCJ's report and denied reconsideration.