Garcia v. Workmen's Comp. Appeals Bd

In Garcia v. Workmen's Comp. Appeals Bd. (1972) 6 Cal.3d 687, the claimant sought to impose a penalty calculated on an award of permanent disability because of a delay in paying temporary disability benefits under an earlier award. The Court observed that "Where there has been an award of temporary disability indemnity, and a subsequent award is made giving the applicant permanent disability indemnity, a delay with respect to making payment under one award for one type of benefit does not entitle the applicant to have the penalty applied to payments under the other award for a different type of benefit where there has been no delay with respect to the latter payments." ( Garcia, supra, at p. 690.)