Burton

The issue presented herein is the proper calculation of a 10 percent penalty pursuant to Labor Code section 5814 for the employer’s failure to fully comply with an award of increased workers’ compensation benefits based upon the employer’s discrimination against the injured employee in violation of section 132a.

Petitioner Leroy Burton sustained admitted industrial injuries on October 17, 1973, and December 8, 1974, while employed by respondent City of Los Angeles (City). In July 1977 Burton received stipulated awards of workers’ compensation benefits for both injuries. There is no contention that City failed to promptly pay these original awards.

Section 132a expresses the broad policy that employees who have sustained industrial injuries not be discriminated against. (Judson Steel Corp. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 658, 665-666 [ 150 Cal.Rptr. 250 , 586 P.2d 564 ].) “[Sjection 132a prohibits the employer from arbitrarily taking action against his employee on the sole basis that the employee sustained an industrial injury.” (Western Electric Co. v. Workers’ Comp. Appeals Bd. (1979) 99 Cal.App.3d 629, 644 [ 160 Cal.Rptr. 436 ].) Where the employer…