Juan Santiago — ADJ11907609, ADJ11093493

Defendant West Star North Dairy/Berkshire Hathaway Homestate Companies sought reconsideration of an October 12, 2020 Findings of Fact and Award in which the WCJ found that defendant had unilaterally withheld $9,537.14 in permanent disability advances (PDAs) from a settlement approved via an August 12, 2019 Compromise and Release. The C&R left the PDA deduction line blank and contained no addendum addressing pre-settlement advances, and the OACR provided for deductions only 'as per the Compromise and Release Agreement.' The Board found the petition timely because the WCJ improperly designated the defense firm to serve the final decision in violation of WCAB Rule 10628, but rejected defendant's supplemental petition filed without permission. On the merits, the Board held the clear contract language did not authorize the PDA credit, that allowing credit is discretionary under section 4909 rather than a legal entitlement, and that the unilateral credit constituted unreasonable delay. The Board affirmed the 25% penalty under section 5814 and interest under section 5800 and denied reconsideration.