MARIO S. RAMIREZ, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, SAFEWAY STORES, INC. , et al. , Respondents (Opinion by Selber, J. , with Stephens, Acting P. J. , and Reppy, J. , concurring. )Rupert A. Pedrin, Nathan Mudge, Sheldon M. Ziff, Waite, Drapeau & Peters and David R. Drapeau for Respondents. Awarding additional compensation under the rule of the Berry Case would constitute a denial of due process as condemned in the National Auto Case. "They argue that in no event is the employee [10 Cal. App. 3d 232] entitled to benefits from both sources (Garcia v. Industrial Acc. The penalty issue was stated by the referee as follows: "Ten per cent penalty for unreasonable failure to pay benefits. "

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