Los Angeles Unified School District v. Workers' Compensation Appeals Board

Petitioner, Los Angeles Unified School District, seeks review and annulment of an order of the Workers’ Compensation Appeals Board (Board) denying reconsideration of an award allowing simultaneous recovery of temporary disability benefits for vocational rehabilitation and a disability retirement pension through the Public Employees Retirement System (PERS).

Respondent Russell Matthews, employed as a custodian for petitioner Los Angeles Unified School District, suffered industrial injuries during the period of his employment from 1949 through September 22, 1978. Respondent retired on November 17, 1979, and was granted disability retirement under PERS. Since that time he has been receiving a disability retirement pension.

On August 24, 1981, a compromise and release was approved which terminated respondent’s rights to workers’ compensation benefits except for vocational rehabilitation benefits. Subsequently, respondent requested temporary disability indemnity under the rehabilitation provisions of Labor Code section 139.5. He was examined by Dr. Turkull, who reported that respondent had not been capable of returning to his job as of March 20, 1979. The rehabilitation…