City of Los Angeles v. Industrial Accident Commission

In this case, a corollary to City of Los Angeles v. Industrial Acc. Com. (Fraide) (1965) ante, p. 242 [ 46 Cal.Rptr. 97 , 404 P.2d 801 ] (hereinafter called Fraide), the City of Los Angeles seeks annulment of an Industrial Accident Commission order that commuted to a lump sum a workmen’s compensation award of weekly payments to respondents Lucille Morse and her two children.

*264 As we explain below, in view of our determination in Frcvide, we believe that we must remand this ease to the commission for reconsideration.

Mrs. Morse, the widow of a former city fireman who died as a result of injuries incurred in his employment as a fireman in January 1961, applied to the commission for death benefits pursuant to the workmen’s compensation provisions of the Labor Code. Awarding the full amount of such benefits, the commission refused to allow the city any credit for the widow’s pension payments which would be owing under the city charter. The District Court of Appeal denied the city’s petition for a writ of review; this court denied a petition for hearing.

The city proceeded to pay the weekly compensation award to Mrs. Morse, but attempted to reduce her pension payments. In an…