SIERRA PAC. INDUSTRIES v. WORKERS' COMP. APP. BD.

Docket No. 15698.

67 Cal.App.3d 413 (1977)

136 Cal. Rptr. 649

SIERRA PACIFIC INDUSTRIES, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and ELVIS HULSEY, Respondents.

Court of Appeals of California, Third District.

February 22, 1977.


Attorney(s) appearing for the Case

COUNSEL

Huber, Goodwin, Murray, Cissna, Prior & Carson and Robert D. Prior for Petitioner.

Hanna, Brophy, MacLean, MaAleen & Jensen and Warren L. Hanna as Amici Curiae on behalf of Petitioner.

Charles L. Swezey, Philip M. Miyamoto, Thomas J. McBirnie, Dennis J. Hannigan, Eugene C. Treaster and Treaster & Mastagni for Respondents.

Yale I. Jones as Amicus Curiae on behalf of Respondent Workers' Compensation Appeals Board.


OPINION

PARAS, J.

Petitioner Sierra Pacific Industries, permissibly self-insured, seeks annulment of an order of the Workers' Compensation Appeals Board assessing a 10 percent penalty under Labor Code section 5814 for unreasonably delaying payment of a $975 attorney fee out of an award of $9,765 in disability payments. Petitioner's contention is that the board erred in assessing the 10 percent penalty against the entire award...

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