Consani v. Workers' Compensation Appeals Board & Safeway Stores, Inc.

Opinion

PETERSON, J.

This case presents a question on which courts of appeal have divided in interpreting the penalty provisions of Labor Code 1 section 5814 after the Supreme Court’s decision in Gallamore v. Workers’ Comp. Appeals Bd. (1979) 23 Cal.3d 815 [153 Cal.Rptr. 590, 591 P.2d 1242].

We will hold, in annulling and remanding the decision of the Workers’ Compensation Appeals Board (Board), that the “entire amount” of a particular class of workers’ compensation benefits, on which the 10 percent penalty provided by section 5814 is calculated, includes all nondelayed voluntary payments of…