Department of Motor Vehicles v. Industrial Accident Commission

A proceeding to annul an award of the Industrial Accident Commission against the Department of Motor Vehicles.

William Y. Dinan, while a member of the state highway patrol and engaged in active law enforcement, suffered, in the course of his employment, a gunshot wound. For approximately twenty weeks Dinan was temporarily disabled and on leave of absence without loss of salary, as permitted by section 4800 of the Labor Code. At the end of the leave, the injured employee returned to active duty and shortly thereafter applied to the Industrial Accident Commission for permanent disability rating. After a hearing, the commission found the employee had sustained a permanent disability amounting to 24% per cent, and awarded him the sum of $2,475, less the sum of $457.14 which he had received on account of temporary disability. (See. 4661, Labor Code.)

This award is here questioned by the petitioner upon the ground that the Industrial Accident Commission has exceeded its jurisdiction in granting compensation to a member of the highway patrol for permanent partial disability after the employee had returned to work and was receiving full salary.

The rule is well recognized that,…