Moulton

An employer admits to unreasonable delay in paying temporary disability benefits awarded to an injured employee. Here we decide how many penalties to assess under Labor Code sections 4650 and 5814 against the employer. We conclude, among other things, that the failure of an employer to self-assess a section 4650 penalty is subject to a section 5814 penalty.

The workers’ compensation judge (WCJ) awarded three separate penalties under section 5814. The Workers’ Compensation Appeals Board (WCAB) granted the employer’s petition for reconsideration. It reduced the penalties to two, assessing one penalty under section 5814 and one under section 4650, subdivision (d) (hereafter section 4650(d)), finding the delay was the result of a single course of misconduct. Both the WCJ and the WCAB partially erred in assessing the penalties.

We annul the order of the WCAB with directions to impose penalties consistent with this opinion.

Facts

Petitioner Jill Moulton suffered an admitted industrial injury to her hands and wrists while working for real party in interest County of San Diego (the County) and was awarded temporary total disability benefits of $8,243 on May 12, 1999, for the…