Ramsey

Petitioner seeks review and annulment of a Workmen’s Compensation Appeals Board (Board) decision holding that the penalty provided by section 5814 of the Labor Code may not be applied to an award of further medical care and treatment. The decision is challenged on two grounds: (1) the Board lacked jurisdiction to render the decision, and (2) the decision was erroneous on its merits.

This is the second time this case comes before us on a penalty issue. On the prior occasion (Ramsey v. Workmen's Comp. App. Bd., 2 Cal.App.3d 693, 697 [ 83 Cal.Rptr. 51 ]), the sole issue was whether the penalty assessed under section 5814 of the Labor Code should have been applied to temporary disability benefits previously awarded as well as to the permanent award made under a supplemental decision. The Board had imposed the penalty on the permanent award. In view of the Board’s finding that respondent carrier had unjustifiably terminated payment of the temporary indemnity and unreasonably delayed payment of permanent benefits, we held that the Board should have imposed the penalty on the temporary disability indemnity and other benefits previously *158 awarded as well as on the permanent…