Manning

Petitioner (applicant) seeks review and annulment of an order of the Workmen’s Compensation Appeals Board (Board) denying his petition for reconsideration of supplemental findings and award assessing a penalty for an unreasonable delay in the payment of permanent disability compensation. The sole issue is whether the penalty should have been computed by applying the penalty to temporary disability benefits previously paid under an earlier award as well as on the award of permanent benefits.

Applicant who was employed as a heavy equipment operator was injured on September 2, 1965, when, while fueling a welder, he slipped and dropped a five-gallon can of gasoline on his right ankle. Receiving no benefits for the injury sustained, he filed an application for compensation. On October 26, 1966, he was awarded continuing temporary disability indemnity from December 29, 1965, reimbursement for self-procured medical treatment and further medical treatment as required.

The matter was thereafter reopened on motion of applicant and further proceedings were commenced on August 16, 1968. At that hearing the parties stipulated that applicant’s condition had become permanent and…