Burnsed

I agree with the result reached in the lead opinion and with much that is asserted there. I write separately only to emphasize my view that the result is compelled by the lien statute.

This case turns on the interplay between the Victims of Violent Crime Act (Gov. Code, § 13959 et seq.; hereafter the Act) and the lien statute under the Workers’ Compensation Act. (Lab. Code, § 4903.) The question is when a pecuniary loss is deemed to have been reimbursed. As defined in the Act, pecuniary loss “mean[s] any expenses for which the victim has not and will not be reimbursed from any other source. Losses shall include all of the *220 following: ... [H] (3) The loss of income or support that the victim has incurred or will incur as a direct result of an injury or death in an amount of more than one hundred dollars ($100) or equal to 20 percent or more of the victims’ net monthly income, whichever is less, except that in the case of persons on fixed incomes from retirement or disability who apply for assistance under this article, there shall be no minimum loss requirement.” (Gov. Code, § 13960, subd. (d).) The board contends that permanent disability payments under the Workers’…

—This is an appeal by the California State Board of Control (Board) from a peremptory writ of mandate issued on the petition of Chris Lee Burnsed (Burnsed). The writ issued to command the Board to set aside its decision denying Bumsed’s claim for restitution under the Victims of Violent Crime Act (the Act) (Gov. Code, § 13959 et seq.) and to award Burnsed the amount of his claim. The Board contends that in determining Bumsed’s loss for the purpose of restitution under the Act, it properly offset the amount of lost wages by the amount of permanent disability payments Burnsed received under the Workers’ Compensation Act. We agree and shall reverse the judgment.

Facts

On July 1, 1984, while at his place of employment, Burnsed was assaulted and battered by two unknown assailants, causing him severe injuries. As a result of his injuries, Burnsed was unable to resume his regular gainful employment for a period of 23 weeks. Consequently he suffered a loss of employment income in the amount of $6,520.18.

Because Bumsed’s injury occurred in the course and scope of his employment, he claimed benefits pursuant to the Workers’ Compensation Act. 1 As a result of that claim Burnsed…

EVANS, Acting P.J.

This is an appeal by the California State Board of Control (Board) from a peremptory writ of mandate issued on the petition of Chris Lee Burnsed (Burnsed). The writ issued to command the Board to set aside its decision denying Burnsed's claim for restitution under the Victims of Violent Crime Act (the Act) (Gov. Code, § 13959 et seq.) and to award Burnsed the amount of his claim. The Board contends that in determining Burnsed's loss for the purpose of restitution under the Act, it properly offset the amount of lost wages by the amount of permanent disability payments Burnsed received under the Workers' Compensation Act. We agree and shall reverse the judgment.

On July 1, 1984, while at his place of employment, Burnsed was assaulted and battered by two unknown assailants, causing him severe injuries. As a result of his injuries, Burnsed was unable to resume his regular gainful employment for a period of 23 weeks. Consequently he suffered a loss of employment income in the amount of $6,520.18.

Because Burnsed's injury occurred in the course and scope of his employment, he claimed benefits pursuant to the Workers' Compensation Act. [1] As a result of…