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CHRISTIAN v. WORKERS' COMP. APPEALS BD.

Docket No. S055638.

15 Cal.4th 505 (1997)

KAY CHRISTIAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, MORRIS, POLICH & PURDY et al., Respondents.

Supreme Court of California.

May 12, 1997.

Attorney(s) appearing for the Case

COUNSEL

Elliot S. Berkowitz for Petitioner.

David Bryan Leonard, William A. Herreras and John Messer as Amici Curiae on behalf of Petitioner.

Krimen, Klein, DaSilva, Daneri & Bloom, Krimen, DaSilva, Daneri, Bloom & Landsiedel and Louis Harris for Respondents.

De Witt W. Clinton, County Counsel (Los Angeles), Louis V. Aguilar, Assistant County Counsel, Dixon M. Holston, Deputy County Counsel, Bennett M. Lieber, Christine A. Lieber, Finnegan, Marks & Hampton, Michael A. Marks, Ellen Sims Langille, Dyana M. Lechuga, Laughlin, Falbo, Levy & Moresi, Michael W. Laughlin, Josephine F. Mariani, Horvitz & Levy, Sandra J. Smith and Christina J. Imre as Amici Curiae on behalf of Respondents.

OPINION

BAXTER, J.

When a workers' compensation insurer erroneously and unreasonably concludes that an injured worker is no longer entitled to payment of indemnity for temporary total disability (TTD) and discontinues those payments, does Labor Code section 58141 permit the Workers' Compensation Appeals Board (the Board) to impose a separate penalty of 10 percent...

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