Ryerson Concrete Co. v. Workmen's Compensation Appeals Board

[687]

Opinion

BROWN (Gerald), P. J.

The Workmen’s Compensation Appeals Board denied Ryerson Concrete Company’s and its insurer, Reliance Insurance Company’s petition to reopen in Manuel G. Pena v. Ryerson Concrete Company and Reliance Insurance Company. Petitioners seek review of that order, after the board denied reconsideration.

The board ignored

stare decisis

and erred in failing to reopen the case. Its order should be annulled.

The board first awarded Pena temporary disability indemnity benefits of $44.46 per week on October 2, 1969. The board granted Pena a 10 percent increase on December 3, 1969, based on unreasonable delay by petitioners in paying compensation (Lab. Code, § 5814).

1

A second 10 percent penalty for unreasonable delay was assessed March 27, 1970. These two penalties increased the benefit by $8.89 per week making petitioners liable for temporary disability payments to Pena totalling $53.35 per week.

On October 1, 1970, the board awarded Pena permanent disability of $53.35 per week, admittedly incorporating in the permanent disability award the 20 percent penalty assessed for delay in paying temporary disability benefits.

On February 23, 1972, the California Supreme Court filed its opinion in

Garcia

v.

Workmen’s Comp. Appeals Bd.,

6 Cal.3d 687 [100 Cal.Rptr. 149, 493 P.2d 877].

On March 14, 1973, relying on

Garcia,

petitioners asked the board to reopen the case. On May 14, 1973, the board denied the petition, and later denied reconsideration.

Garcia

v.

Workmen’s Comp. Appeals Bd., supra,