Daniels v. Workmen's Comp. Appeals Bd

In Daniels v. Workmen's Comp. Appeals Bd. (1972) 27 Cal.App.3d 504, the employee sustained an industrial injury on June 15, 1970. Shortly thereafter the employee filed a claim for workers' compensation benefits and gave notice that he would seek a penalty under Labor Code section 5814 for delayed temporary disability payments. Prior to any hearing the employer in mid-August 1970 then paid temporary disability covering the period from the date of injury through August 30, 1970. The employer made no further voluntary temporary disability payments as the company doctor had released the employee to return to work as of August 31, 1970. On July 16, 1971, an award issued which granted the employee: (1) further temporary disability from August 31, 1970 through January 17, 1971; (2) permanent disability benefits; (3) reimbursement of self-procured medical expense; (4) medical-legal costs; (5) future medical costs; and (6) a 10 percent penalty on the unreasonably delayed temporary disability for the period June-August 1970. The employee sought to have the penalty applied to the entire award of July 1971, that is, to apply the penalty to the further temporary disability awarded, the permanent disability, medical benefits, and medical-legal costs. The court in Daniels upheld the Board's limitation of the penalty to the temporary disability payments actually delayed. ( Daniels, supra, 27 Cal.App.3d at pp. 506-507.)