Gallamore v. Workers' Compensation Appeals Board

Opinion

RICHARDSON, J.

We consider the proper computation of penalties in workers’ compensation cases and, particularly, construe section 5814 of the Labor Code which provides for the assessment of a 10 percent penalty when payment of benefits has been unreasonably delayed or refused. In this case, petitioner (applicant) sought three separate penalties in the amount of $1,370 each, assessed against an award of permanent disability benefits in the total amount of $13,702.50. The Workers’ Compensation Appeals Board (board) allowed a single $1,370 penalty.'As we will explain, we have concluded…