Does the 10% penalty apply to temporary disability benefits that were apparently voluntarily paid before the hearing on the claim?

Applicant contends that the 10% Penalty should be applied to the temporary disability benefits which were apparently voluntarily paid before the hearing on his claim. In our opinion this contention is without merit. As the court pointed out in its footnote in Langer v. Workmen's Comp.App. Bd., supra, ^b 258 Cal.App.2d at page ---, 65 Cal.Rptr. at page 602: 'It is obviously an incentive to the making of voluntary payments that any future penalty will not extend to them. It appears to be the practice of the board to date awards from the date of injury, although board intervention is not sought until long after payments have been made on a purely voluntary basis. This seems to be merely an administrative convenience. It would do little violence to section 5814 to hold that payments [264 Cal.App.2d 729] voluntarily made are not part of a later award, even though the order making the award purports to cover the period during which such payments are made and to give credit therefor.'