Kerley v. Workmen's Compensation Appeals Board

Opinion

BURKE, J.

Petitioner Lonnie Eugene Kerley seeks review of a decision, after reconsideration, of the Workmen’s Compensation Appeals Board, refusing to assess a 10 percent penalty against respondent employer, General Cable Company, for unreasonable delay in paying compensation. (Lab. Code, § 5814.) We have concluded that the appeals board’s decision lacks the support of substantial evidence and must therefore be annulled.

In 1959 petitioner began his employment with General Cable Company, a permissibly self-insured employer. In February 1967 he underwent back surgery for a nonindustrial…