Coca-Cola Enterprises Inc. v. Workers' Compensation Appeals Board

*812 Opinion

Petitioners Coca-Cola Enterprises Inc. and Sedgwick CMS (Coca-Cola and Sedgwick; collectively, defendants) petitioned for review of an order by the Workers’ Compensation Appeals Board (Board), in which the Board denied reconsideration of an award issued by a workers’ compensation judge (WCJ). The WCJ awarded respondent Isaac Espinoza permanent disability (PD) benefits and imposed a penalty under Labor Code section 5814 1 for defendants’ underpayment of temporary total disability (TTD) benefits.

Defendants claim the WCJ and the Board erred by (1) relying on an incorrect occupational group number in determining Espinoza’s PD rating; (2) imposing a penalty under section 5814; (3) imposing “multiple” penalties on the same type of benefit (TTD); and (4) calculating the amount of the penalty.

We granted the petition, only as to one issue relating to the calculation of the penalty. 2 We now hold that the WCJ erred in calculating the penalty. Accordingly, we will annul the Board’s decision on that point and direct modification of the award.

I. TTD RATES AND PENALTIES FOR LATE PAYMENTS

Section 4653 provides that, when a worker is temporarily totally disabled, TTD benefits…