Davison

The issue is one of statutory construction of the penalty provision for delay in the payment of workmen’s compensation. (Lab. Code, § 5814.) Petitioner seeks to annul an order of the commission denjdng her request for the imposition of a second penalty.

In 1962 petitioner sustained injuries in the course of her employment and was awarded temporary disability benefits, medical treatment, and medical-legal costs.

In June 1964 she was awarded continuing temporary disability benefits of $41.32 per week, further medical treatment, reimbursement for self-procured medical treatment, and additional medical-legal costs.

In October 1964 petitioner secured the imposition of a 10 percent penalty for unreasonable delay in the furnishing of medical treatment, an award which increased her weekly disability benefits by $4.13 to $45.45.

In April 1965 petitioner requested a second 10 percent penalty for further unreasonable delay in furnishing the medical treatment ordered in June 1964, and sought to have her temporary disability benefits increased by $4.55 to $50 weekly ($45.45 plus $4.55). The commission determined that under the statute only one 10 percent penalty for delinquency could be…