Martin

This is an appeal from a judgment denying the petition of appellant for a peremptory writ of mandate against respondents California Department of Employment et al. (now known as the Department of Human Resources Development, hereafter “Department”). *806 The parties have filed an agreed statement establishing that appellant received a work connected injury for which he filed a workmen’s compensation application and began receiving compensation payments of $70 per week commencing in May 1969. Benefits at that weekly amount continued for 10 months until appellant had received in excess of $2,210, whereupon he filed a claim in April 1970 for unemployment compensation disability insurance (UCD). Upon receiving the claim the Department computed the applicable benefit rate at $85 per week and the maximum total benefit amount at $2,210. The examiner of the Department denied the claim on the ground that petitioner had exhausted the maximum benefits payable to him for his benefit period. An appeal of the examiner’s denial of benefits was taken and heard before a referee, who rendered a decision affirming the disqualification.

Petitioner then appealed the referee’s decision to…