Ayala

Pursuant to respondent Ayala’s petition predicated upon undisputed facts, the superior court mandated California Unemployment Insurance Appeals Board (Board) (Unemp. Ins. Code, §§ 401-411) and Department of Employment (§ 301) (Department) to complete payments to him of insurance benefits in the amount of $1,898 under section 140.5 in accordance with an award which the Department had previously made. Board and Department appeal.

Ayala is an illegal alien residing in the United States without a work permit who was employed by the same employer from 1968 until laid off on February 18, 1972 because he was physically unable to work. (§ 2626.)

During his employment Ayala had made payments as defined by section 144 intended to compensate in part for the wage loss sustained by reason of sickness or injury. (§§ 2601, 2608-2611.) Within a few days after lay-off Ayala filed a claim. (§§ 2652 and 140.5.) Department accepted the claim; approved a total disability award to respondent of $1,898 to be paid in weekly installments of $73 and Department continued said, benefit payments between March 2, 1972 and May 25, 1972, for a total of $868.43. Department determined on or about the…