Ruben Perez — ADJ19351944

Applicant's former attorneys (a lien claimant) sought reconsideration of a WCJ's April 6, 2026 Findings and Award. The WCJ had awarded a 25% penalty under Labor Code section 5814 against applicant's current attorneys for a roughly six-month delay in paying a stipulated $707.00 attorney fee split, but declined to award sanctions or reasonable expenses under section 5813. The lien claimant contended the WCJ erred by not awarding reasonable expenses under section 5813. The Board granted reconsideration, affirmed the denial of section 5813 sanctions, but on its own review found the section 5814 penalty award was legal error because such penalties belong to the applicant (not the lien claimant/attorney) and are payable only by the employer, and because the August 14, 2025 Stipulation was silent on payment terms and was not a true award. The Board amended the F&A to deny the penalty petition and instead awarded lien claimant $707.00 pursuant to the Stipulation, with interest waived if paid within 30 days.