Gellie v. Workers' Compensation Appeals Board

Opinion

RACANELLI, P. J.

The question presented on review is whether the 10 percent penalty imposed pursuant to Labor Code section 5814 1 for unreasonable delay in paying interest on a permanent disability award should be calculated on the basis of the unpaid disability benefit rather than the interest accrual alone. We will conclude that the penalty must be computed on the basis of the unpaid compensation benefit enhanced by the interest due.

On October 28, 1973, petitioner Malcolm Gellie sustained serious injuries while employed as a set-up cook by Granny Goose Foods, Inc., a division of…