The opinion
BROWN (G. A.), P. J.
I concur in the principal opinion and decision. As to that part of the decision assessing the penalty on all temporary disability instead of assessing it only on the amount found to be delayed in payment, I concur under the compulsion of Gallamore v. Workers’ Comp. Appeals Bd. (1979) 23 Cal.3d 815 [ 153 Cal.Rptr. 590 , 591 P.2d 1242 ], by which we are, of course, bound.
However, as in the case of any arbitrary rule, its application in a particular case can be oppressive and unjust. Under the facts of this case, the application of the rule declared in Gallamore is unreasonably harsh and arbitrary. Further, its application to this case does not effectuate *563 the purpose of the rule—to assure the timely payment of compensation. The facts show that the employer voluntarily paid temporary disability for a long period of time, the interruption was only for a period of one month for a reason which the employer felt was justified, and after the month’s interruption the payments were promptly resumed and continued.
Baca, J., * concurred.
The petition of respondent Sierra Vista Hospital for a hearing by the Supreme Court was denied April 8, 1982.
Assigned by the Chairperson of the Judicial Council.