Serrano

In this proceeding we issued a writ of review for the purpose of reviewing the order of the Workmen’s Compensation Appeals Board (hereinafter “the Board”) allowing the employer’s workmen’s com pensation carrier (hereinafter “the carrier”) a credit against an employee’s net recovery in a third party action. The employee, petitioner herein, seeks the annulment of said order.

On February 17, 1967, petitioner sustained an industrial injury to his back while riding as a front seat passenger in his employer’s pickup truck which was struck from behind by a garbage truck while the pickup truck was stopped for a signal change. Compensation benefits consisting of temporary disability indemnity and medical treatment were voluntarily furnished by the carrier. Thereafter, on March 15, 1968, the Board determined that petitioner was permanently disabled and that he was entitled to a permanent disability rating of 31A percent payable at $52 per week commencing August 25,1967, for 126 weeks in the total amount of $6,615, less attorney’s fees in the sum of $500. Payments were made under this award totaling $5,090, and leaving an unpaid balance in the sum of $1,525.

In the interim…