Manning v. Workmen's Comp. App. Bd

In Manning v. Workmen's Comp. App. Bd. (1970) 10 Cal.App.3d 655, the carrier failed to timely make permanent disability payments under an award and the penalty was also applied by the Board to the life pension. The issue before the court in Manning was "whether the penalty should have been computed by applying the penalty to temporary disability benefits previously paid under an earlier award as well as on the award of permanent disability benefits." ( Id., at p. 656.) Temporary disability had been awarded to the injured per award dated October 26, 1966. The carrier made no delay in the payment of the awarded temporary disability. On February 19, 1969, the referee issued a permanent disability award of 100 percent, equivalent to $ 21,000 with weekly payments of $ 52.50 to commence on August 20, 1968, and a life pension thereafter. in July 1969, a penalty claim was made by the injured for delay in payment of permanent disability. The Board applied the penalty to the "permanent disability benefits, including the life pension" but not to the previously paid temporary disability. ( Id., at p. 657.) The court upheld the refusal of the Board to apply the penalty to the temporary disability stating: "In the present case the Board correctly applied section 5814 by imposing the penalty on the full amount of the permanent disability benefits, including the life pension . . . and properly denied applicant's request to impose the penalty on previously paid temporary benefits." ( Id., at p. 659.)