Myers

Myers v. Workmen's Compensation Appeals Board

Good Law
1969 Cal. App. LEXIS 1448·2 Cal. App. 3d 621·83 Cal. Rptr. 427·34 Cal. Comp. Cases 639
Court of Appeal of CaliforniaDecember 15, 1969Civ. 9785California4,036 words

Opinion

Opinion

Coughlin, J.

Charles Myers, a fireman for the City of Los Angeles, sustained a compensable injury during employment; became disabled February 27, 1954; thereafter was paid full salary in lieu of compensation until his retirement for physical disability on September 7, 1954; filed an application for permanent disability compensation; and on April 28, 1965, received a favorable decision from a referee who, on that date, filed his findings and award decreeing Myers’ disability became permanent on retirement and he was entitled to compensation therefor in the sum of $12,000, payable at the rate of $30 per week, commencing September 14, 1954 for 400 weeks, and thereafter in the further sum of $18.46 per week for life, together with interest as provided by law. Attorney’s fees were fixed at $1,250. At issue was the contention, rejected by the referee, the city chould receive credit for pension payments by it to Myers.

On July 1, 1965 the Industrial Accident Commission granted city’s petition for reconsideration, stating:

Myers died on February 1, 1968.

On May 7, 1968, the Workmen’s Compensation Appeals Board, successor in title and authority to the Industrial Accident Commission, without…

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