Tucker

Petitioner received compensation of $7,250 for an industrial injury pursuant to an award which had been issued on September 14, 1973. Respondent Argonaut neglected to include in its remittance the sum of $14.02 which had accrued as interest from the date of the award to the date of payment. On October 19, 1973, petitioner demanded payment of the $14.02; on November 28, 1973, Argonaut paid the interest. Petitioner then sought from the board a further award of 10 percent as a penalty under Labor Code section 5814 for unreasonable delay in paying interest on the award. Respondent board has refused to assess a 10 percent penalty for late payment of the $14.02 interest. (There is no claim that payment of the $7,250 principal benefit had been unreasonably delayed.)

Labor Code section 5800 provides that an award bears interest at the rate applicable to civil judgments “from the date of making and filing of an award.” Such interest is part of the applicant’s benefit, and unreasonable delay in payment results in imposition of a. 10 percent penalty under Labor Code section 5814. (Laucirica v. Workmen’s Comp. Appeals Bd. (1971) 17 Cal.App.3d 681 [ 95 Cal.Rptr. 219 ].)

It appears…