Myers

Myers v. Workmen's Compensation Appeals Board

Good Law
1971 Cal. App. LEXIS 1155·20 Cal. App. 3d 120·97 Cal. Rptr. 400·36 Cal. Comp. Cases 568
Court of Appeal of CaliforniaSeptember 20, 1971Civ. No. 29445California910 words

Opinion

Lead Opinion

Taylor, J.

Petitioner seeks review and annulment of a decision after remittitur issued by the WCAB. He contends that because the award of $5,145 for permanent disability originally made on October 9, 1968, was not disturbed, he is entitled to interest on that amount from October 9, 1968, rather than from January 27, 1971, the date of the board’s decision after remittitur.

The facts disclose that petitioner was injured in the course and scope of his employment on April 14, 1964. In a civil action against a third party tortfeasor, he received a judgment in the sum of $30,000, resulting in a *122 net recovery to him of $17,288.57. The jury found concurrent negligence on the part of the employer. On March 14, 1968, petitioner filed an application with the board for a determination of his permanent disability. On October 9, 1968, the referee found that the injury had resulted in 24!^ percent permanent disability, and granted a total award of $5,145 indemnity. The referee also allowed a credit to the employer and its carrier of $17,288.57, the net amount of the recovery in the civil action against the third party tortfeasor. On April 25, 1969, the board, after reconsideration, affirmed…

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