Soto

This is a petition for review from denial of reconsideration by the Workers’ Compensation Appeals Board. We are presented with two issues: (1) upon what amount is the penalty assessment pursuant to Labor Code section 5814 calculated; and, (2) whether the unreasonable failure to timely pay interest on benefits due, and later payment at an improper rate, is a single course of conduct or two separate acts for purposes of a section 5814 penalty assessment.

We conclude that Rhiner v. Workers’ Comp. Appeals Bd. (1993) 4 Cal.4th 1213 [ 18 Cal.Rptr.2d 129 , 848 P.2d 244 ] requires that the penalty assessment be calculated against the total award of benefits per class, including those already paid prior to the unreasonable failure to pay interest. We agree with the board that the actions of respondents constitute one single course of conduct resulting in only one penalty assessment.

Facts

Petitioner, Oscar Soto, was employed as a fumigator by De La Cruz Termite Co., insured for purposes of workers’ compensation claims by Citation Insurance Company (collectively respondents).

While on the job, on July 25, 1990, and January 15, 1991, petitioner sustained compensable industrial…