Johnson v. Workers' Compensation Appeals Board

An industrially injured employee petitions for review of a decision in which the Workers’ Compensation Appeals Board (board) refused to impose a penalty under Labor Code section 5814. We conclude that, as a matter of law, the employer, Town of Los Gatos (Los Gatos), unreasonably delayed payment of benefits, and that the failure of the board to impose the appropriate penalty was error.

I.

Petitioner, Harold Johnson, worked as a police officer from 1955 until 1970, when he became Los Gatos’ police chief. He was employed in that capacity until he became disabled in March 1982.

The facts relevant to our decision are undisputed. During the mid-1960’s Johnson began occasionally to experience symptoms in the region of his heart. In the succeeding years the frequency of symptoms increased and Johnson noted a rapid pulse rate, either in association with the symptoms or as the manifestation of them. In 1977 he reported the symptoms to his physician, who diagnosed atrial fibrillation. Atrial fibrillation is defined as rapid, irregular twitchings of the muscular wall. (Stedman’s Medical Diet. (4th unab. L.Ed. 1976) p. 523, col. 1.) In November 1980, Johnson suffered a myocardial…