Perry

Perry v. Workmen's Compensation Appeals Board

Good Law
105 Cal. Rptr. 89·1972 Cal. App. LEXIS 799·28 Cal. App. 3d 828·37 Cal. Comp. Cases 787
Court of Appeal of CaliforniaNovember 21, 1972Civ. No. 30648California1,050 words

Opinion

Lead Opinion

Weinberger, J.

Petitioner, a city fireman, entitled to workmen’s compensation insurance benefits under the provisions of article 7, chapter 2, part 2, division 4 of the Labor Code (§§ 4850-4855) seeks review of an award which granted his employer credit for $630 against the permanent disability award otherwise payable to petitioner. The credit was allowed because during the period from July 7, 1970, when his disability was determined to be permanent through October 5, 1970, the date of petitioner’s retirement for disability under the Public Employees Retirement Act, he had received payment of his full salary pursuant to the provisions of section 4850 of the Labor Code.

The case involves reconciliation of the provisions of Labor Code section 4850 and 4854. Section 4850 provides in pertinent part: “Whenever any . . . city fireman, . . . who is a member of the Public Em *830 playees’ Retirement System ... is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled, regardless of his period of service with the city or county, to leave of absence while so disabled without loss of salary, in lieu of temporary…

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