Berry v. Workmen's Compensation Appeals Board

nulment of an order by respondent Workmen’s Compensation Appeals Board awarding petitioner a 63 percent permanent disability rating. Petitioner attacks only the board’s refusal to assess a 10 percent penalty against respondent employer and insurance carrier (hereinafter called “employer”) under Labor Code section 5814 for unreasonable delay in paying compensation.

On September 30, 1968, the employer petitioned the board to terminate compensation, which had earlier been ordered for temporary disability, contending that petitioner’s condition had become stationary and ratable as of August 21,…