Shelton
People v. Shelton
Opinion
Opinion
Cordell, J.
The only issue presented by this appeal is whether the Workers’ Compensation Appeals Board has the power to compromise an order for restitution made by the superior court.
I. Facts
On June 13, 1984, Shelton pled guilty to a felony violation of Welfare and Institutions Code section 11483, welfare fraud. In an effort to recoup the monies fraudulently taken by Shelton, the county, prior to her conviction, filed a lien for $ 11,731.61 against a claim that respondent had pending with the Workers’ Compensation Appeals Board (WCAB). Shelton was sentenced on August 15, 1984, and a condition of her probation was that she pay restitution to the county in the amount of $ 11,731.61. Subsequently, the WCAB awarded the county $5,000 “in full satisfaction of [the] lien . . . .” When the county thereafter sought payment of the balance of the restitution from Shelton at a probation hearing in the superior court, Shelton claimed that the Workers’ Compensation award had fully satisfied her obligation to make restitution. The superior court agreed and found that the WCAB award constituted full satisfaction of the restitution order. The county has appealed this finding.