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GELLIE v. WORKERS' COMP. APPEALS BD.

Docket No. A027113.

171 Cal.App.3d 917 (1985)

217 Cal. Rptr. 630

MALCOLM GELLIE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, DEL MONTE CORPORATION et al., Respondents.

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

August 30, 1985.

Attorney(s) appearing for the Case

COUNSEL

Barry J. Williams and Airola, Williams & Dietrich for Petitioner.

David J. Froba as Amicus Curiae on behalf of Petitioner.

Roger A. Levy and Sedgwick, Detert, Moran & Arnold for Respondent.

OPINION

RACANELLI, P.J.

The question presented on review is whether the 10 percent penalty imposed pursuant to Labor Code section 58141 for unreasonable delay in paying interest on a permanent disability award should be calculated on the basis of the unpaid disability benefit rather than the interest accrual alone. We will conclude that the penalty must be computed on the basis of the unpaid compensation...

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