Johnson v. Workers' Compensation Appeals Board

Opinion

ROUSE, J.

An industrially injured employee petitions for review of a decision in which the Workers’ Compensation Appeals Board (board) refused to impose a penalty under Labor Code section 5814. We conclude that, as a matter of law, the employer, Town of Los Gatos (Los Gatos), unreasonably delayed payment of benefits, and that the failure of the board to impose the appropriate penalty was error.

I

Petitioner, Harold Johnson, worked as a police officer from 1955 until 1970, when he became Los Gatos’ police chief. He was employed in that capacity until he became disabled in March 1982.

The…