BERRY v. WORKMEN'S COMP. APP. BD.

Docket No. 26726.

276 Cal.App.2d 381 (1969)

81 Cal. Rptr. 65

FRANK W. BERRY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, HARRY'S BODY SHOP et al., Respondents.

Court of Appeals of California, First District, Division Four.

September 24, 1969.


Attorney(s) appearing for the Case

Maurice S. Marcus and Marcus & Ury for Petitioner.

Everett A. Corten, Rupert A. Pedrin, Jon L. Gateley, Mullen & Filippi and Philip A. Anderlini for Respondents.


CHRISTIAN, J.

Petitioner seeks review and partial annulment of an order by respondent Workmen's Compensation Appeals Board awarding petitioner a 63 percent permanent disability rating. Petitioner attacks only the board's refusal to assess a 10 percent penalty against respondent employer and insurance carrier (hereinafter called "employer") under Labor Code section 5814 for unreasonable delay in paying compensation.

On September 30, 1968, the employer petitioned...

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