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CALIFORNIA HIGHWAY PATROL v. WCAB

No. D036792.

108 Cal.Rptr.2d 118 (2001)

89 Cal.App.4th 1201

CALIFORNIA HIGHWAY PATROL, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Jaime Erebia, Respondents.

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

June 12, 2001.

Attorney(s) appearing for the Case

Richard A. Krimen, Robert W. Daneri, and Don E. Clark, San Francisco, for Petitioner.

S. Robert Walder, Vista, for Respondent Jaime Erebia.

No appearance for the Workers' Compensation Appeals Board.

HALLER, J.

An employer delayed in paying workers' compensation benefits. When the employer made a retroactive payment, it failed to include accrued interest. The Workers Compensation Appeals Board (WCAB) imposed two consecutive 10 percent penalties: one for the late benefit payment and one for the failure to pay interest. (Lab. Code, § 5814.) We hold that when an employer or carrier makes a late workers' compensation benefit payment and fails to include interest...

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