Lyons

Petitioner sought a writ for the purpose of having this court review the opinion and decision after reconsideration of the Workmen’s Compensation Appeals Board of the State of California (hereafter the board). The writ was granted and we review herein the record of those proceedings.

Petitioner Glenn Lyons filed a workmen’s compensation claim alleging injury to his back arising out of and in the course of his employment as a firefighter for the City of Los Angeles (hereafter the city). The injury was alleged to have occurred on June 8, 1966. The city filed its answer, denying all liability and alleging as affirmative defenses “credit for money paid” and the statute of limitations.

Hearing was had with respect to petitioner’s claim on July 29, 1971, before Referee David I. Lippert. Thereafter, the referee made his findings and award in favor of petitioner with respect to temporary disability indemnity and permanent disability indemnity, together with reimbursement of medical-legal costs and self-procured medical treatment as well as further medical treatment. However, the referee allowed the city credit “against temporary and permanent disability indemnity and life…