Knopfer

Knopfer v. Flournoy

Good Law
109 Cal. Rptr. 892·1973 Cal. App. LEXIS 804·34 Cal. App. 3d 318·38 Cal. Comp. Cases 913
Court of Appeal of CaliforniaSeptember 20, 1973Civ. 13950California1,201 words

Opinion

Opinion

Friedman, J.

Appellants are members of the California Highway Patrol who are disabled by work-connected injuries. A provision of the workmen’s compensation law (Lab. Code, § 4800) declares that, in lieu of workmen’s compensation payments, disabled patrol members are entitled to leave of absence not exceeding one year without loss of salary. Section 4803 states that section 4800 “refers to temporary disability only. . . .”

In this mandate action appellants complain that the State Controller is making unauthorized deductions from the payments directed by section 4800. They take the position that these payments are not salary; rather, that they constitute workmen’s compensation disability benefits which may not be assigned, which are exempt from attachment or execution and are subject only to liens for a limited variety of claims such as medical and legal expenses. (Lab. Code, § § 4900-4903.) Appellants seek a writ of mandate directing the Controller to draw warrants for their “full salary payments without deduction, except as provided in Sections 4900, et seq. of the Labor Code. ...”

The trial court denied relief and this appeal followed.

The record hints only elliptically at the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.