Rowland

Petitioner seeks review of an order of the Workers’ Compensation Appeals Board awarding a lien to respondent, Republic National Life Insurance Company, against compensation benefits, awarded to petitioner.

Petitioner is a 28-year-old janitor employed with a newspaper in Bakersfield, California. On September 28, 1974, he was injured while on the job. He filed a claim for workers’ compensation benefits.

The respondent insurance company insured petitioner against loss of income under a group disability insurance policy carried by petitioner’s employer for its employees. The insurance policy provided that the monthly indemnity payable shall be “less any amount paid or payable under any workmen’s compensation, occupational disease act or law.” Following petitioner’s injury ánd during the pendency' of his claim for compensation benefits, the respondent insurance company paid disability benefits to petitioner under the insurance policy of $326.70 per month from April 12, 1975, through March 11, 1976, representing two-thirds of petitioner’s wage loss for said period.

Petitioner’s claim for workers’ compensation was initially disallowed by the workers’ compensation judge but…