Vogh v. Workmen's Compensation Appeals Board

McCOY, J. pro tem.

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Applicant seeks review and annulment of an order of the Workmen’s Compensation Appeals Board denying the assessment of a penalty pursuant to Labor Code, section 5814, for unreasonable delay in payment of compensation previously awarded.

Applicant sustained an industrial injury on July 23, 1965. Defendants paid temporary disability compensation in the sum of $5,160 at the rate of $70 per week from July 24, 1965, through November 10, 1966. After a hearing of applicant’s claim on December 28, 1966, the referee issued findings and award on April 10, 1967. The findings were: that applicant had been adequately compensated for all periods of temporary disability through October 24, 1966; that applicant was entitled to permanent disability indemnity of $52.50 per week beginning November 1, 1966, and continuing for a period of 302 weeks until the sum of $15,855 was paid and thereafter a life pension at the rate of $18.78 per week; that defendants were entitled to a credit for overpayment of temporary disability for the period from October 25, 1966, through November 10, 1966; that applicant had incurred medical-legal costs of $435; and that the reasonable value of the services rendered by applicant’s counsel was $1,500. The award directed that defendants pay the permanent disability benefits less the credit for overpayment of the temporary disability indemnity, less $1,500 attorneys’ fees payable to applicant’s counsel, together with further medical treatment, and that defendants pay. medical-legal costs directly to the. doctors. A petition for

[726]

reconsideration filed by the defendants was denied on May 29, 1967.

On June 22, 1967, applicant’s counsel demanded that the defendants reimburse applicant for mileage in the sum of $179.74. This claim apparently had not been presented at the original hearing. On July 12, 1967, applicant requested a hearing on the issue of whether the statutory penalty should be imposed for unreasonable refusal to comply with the award of April 10,1967. Hearing was set for August 24,1967.

On May 25, 1967, defendants sent a check for $210 to the applicant marking it as permanent disability benefits for the period from May 24 through June 20, 1967. They also made a similar payment on July 5, 1967, for the period from June 21 through July 18, 1967, and another payment on August 2 for the period from July 19 through August 15,1967. On July 31, 1967, defendants paid the amount requested for mileage. These were the only sums paid by the defendants at the time of the hearing on the penalty question on August 24,1967.