Addington

Addington v. Industrial Indemnity Co.

Good Law
101 Cal. Rptr. 277·1972 Cal. App. LEXIS 1169·24 Cal. App. 3d 802·37 Cal. Comp. Cases 312
Court of Appeal of CaliforniaApril 7, 1972Docket Nos. 38020, 38884, 38885, 38933California3,472 words

Opinion

Opinion

Kaus, J.

Four plaintiffs, each suing on behalf of himself and “all other persons similarly situated,” appeal from summary judgments entered in favor of the various defendants. The cases are consolidated for hearing in this court.

Facts — Superior Court

We shall confine our statement of facts to those which appear in our record in the case of Addington, et al., vs. Industrial Indemnity Company, et al. None of the procedural differences between that case and the other three has any bearing on any issue before us.

Herewith a summary of Addington’s complaint, which was filed on behalf of himself and members of the class whom he purports to represent, the class being composed of persons who have in the past received awards from the Workmen’s Compensation Appeals Board, or its predecessor, the Industrial Accident Commission, in proceedings before the board in which defendant Industrial Indemnity Company was a defendant by virtue of having insured the employer. Each award was made after section 5800 of the Labor Code was amended in 1945 to provide for interest on awards. Neither plaintiff, nor any member of the class, was ever paid any interest. In plaintiff’s case the unpaid interest…

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