Soto v. Workers' Compensation Appeals Board

Opinion

HASTINGS, J.

This is a petition for review from denial of reconsideration by the Workers’ Compensation Appeals Board. We are presented with two issues: (1) upon what amount is the penalty assessment pursuant to Labor Code section 5814 calculated; and, (2) whether the unreasonable failure to timely pay interest on benefits due, and later payment at an improper rate, is a single course of conduct or two separate acts for purposes of a section 5814 penalty assessment.

We conclude that Rhiner v. Workers’ Comp. Appeals Bd. (1993) 4 Cal.4th 1213 [18 Cal.Rptr.2d 129, 848 P.2d 244] requires that…