City of Los Angeles v. Industrial Acc. Com.

In City of Los Angeles v. Industrial Acc. Com. (Fraide) ante, p. 242 [ 46 Cal.Rptr. 97 , 404 P.2d 801 ], we held that the city was entitled to a partial credit against workmen's compensation liability to its firemen and policemen for disability pensions it paid such firemen and policemen. In the instant case we hold that, under the circumstances set forth below, an estoppel does not bar the city from asserting the statute of limitations against applicants for workmen's compensation benefits.

Curtis Dillin suffered an injury in 1935 while on duty as a city fireman. The city paid Dillin his full salary for the year following the injury; since then it has paid him a disability pension. The city last afforded Dillin medical treatment in 1941. Dillin filed his application for workmen's compensation benefits with the commission on December 13, 1962. Thus, the statute of limitations (Lab. Code, 5405) bars Dillin's claim unless the city is estopped to assert the statute. [fn. 1] The commission held that an estoppel did bar the city's reliance upon the statute, granted Dillin benefits of $25 per week, and refused to allow the city any credit for the disability pensions…