Is a section 5814 penalty required for each act of unreasonable conduct involving delayed disability benefits?

In Mote v. Workers' Comp. Appeals Bd., supra, 56 Cal.App.4th at page 912, we construed section 5814 as requiring separate penalties for each separate act of unreasonable conduct involving delayed temporary disability benefits.

Section 4650

"'The section 4650 penalty does not duplicate or supersede the section 5814 penalty; . . . the section 4650 penalty, which is a self-executing, strict liability provision not dependent on a finding of unreasonable delay, is intended to supplement, not replace, the section 5814 penalty. . . .' [Citations.] Thus, respondents are strictly liable for section 4650 penalties, without application or demand, in addition to any other penalties which may be assessed against them." (Mote v. Workers' Comp. Appeals Bd., supra, 56 Cal.App.4th at p. 910.)

The parties do not dispute that assessment of a section 4650(d) penalty is required.

Calculation of Penalties