JAVIER GUERRA MENDOZA vs. SILVA BROS DAIRY, ATHENS ADMINISTRATORS

The defendant sought reconsideration of a WCJ's decision that found applicant sustained injury AOE/COE and awarded penalties for delayed attorney fees. Defendant primarily argued that the WCJ should have dismissed the claim for underpayment of permanent disability indemnity, rather than deferring it. The Appeals Board denied reconsideration, finding that the deferral of the underpayment issue was an interlocutory order not subject to reconsideration, and the defendant failed to demonstrate significant prejudice or irreparable harm. The Board emphasized the WCJ's discretion to develop the record when insufficient evidence exists.