What the panel ordered
Reconsideration granted; June 10, 2025 Findings and Award rescinded; new Findings clarify that defendant failed to timely raise wage dispute and that prior award is final and binding; penalties and attorney fees awarded for unreasonable delay in payment.
Defendant seeks reconsideration of the June 10, 2025 Findings and Award, which the WCJ issued after trial and prior petitions for reconsideration and review were denied, making the prior award final on October 2, 2024.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 9, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The defendant unreasonably delayed payment of a final award, justifying penalties and attorney fees under Labor Code sections 5814 and 5814.5.
From the decision · page 10The length of the delay is considerable since the award became final upon denial of review by the California Supreme Court on October 2, 2024, and remains unpaid. (Exh. 7, Supreme Court Order petition for review denied, EAMS 78475965, 10/2/24.) The delay was an intentional, solitary incident unrelated to any claims processing or legitimate business needs. The delayed payment was following a judicial award that would generally allow for payment to be made within 30 days of the decision becoming final. (Report, at p. 11.) We agree with the WCJ's weighing of the considerations appurtenant to the question of unreasonable delay under section 5814 and attorney's fees under section 5814.5.