Burton v. Workers' Compensation Appeals Board

Opinion

LILLIE, J.

The issue presented herein is the proper calculation of a 10 percent penalty pursuant to Labor Code 1 section 5814 2 for the employer’s failure to fully comply with an award of increased workers’ compensation benefits based upon the employer’s discrimination against the injured employee in violation of section 132a. 3

Petitioner Leroy Burton sustained admitted industrial injuries on October 17, 1973, and December 8, 1974, while employed by respondent City of Los Angeles (City). In July 1977 Burton received stipulated awards of workers’ compensation benefits for both injuries.…