County of Humboldt v. Workers' Compensation Appeals Board

Norman E. Pautz commenced a workers’ compensation proceeding by applying to respondent appeals board (Board) for an award of benefits payable to him as the result of injuries he had received in an industrial accident. The County of Humboldt (County) appeared in the proceeding and claimed a lien against the award in the amount of payments it had made for the support of Pautz’ minor children pursuant to the aid to *597 families with dependent children (AFDC) law. The Board made an order denying the claim of lien. We granted a petition by the County for a writ of review. We now affirm the order.

Pautz was injured in 1978. He had two minor children by a previous marriage which had been dissolved in 1971. When he was injured, he was subject to a court order which required Mm to pay $37.50 per month to Ms former wife for the support of each child. At or about the time he was injured, the County commenced mating AFDC payments to the former wife for the support of the children.

After he was injured, Pautz applied to the Board for an award of workers’ compensation benefits. His employer and its workers’ compensation insurance carrier (respondents herein) appeared in the…