Pennington v. Workmen's Compensation Appeals Board

Opinion

FILES, P. J.

Petitioner was a Deputy Sheriff of Los Angeles County when he injured his back in the course of his duties on January 18, 1968, and became totally disabled. He was placed on leave of absence without loss of salary until January 12, 1969, when he retired under the service-connected disability provisions of the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et seq.).

He filed a claim for workmen’s compensation and was paid temporary disability payments from January 19, 1969, through February 1, 1970. On March 25, 1970, the referee found that the injuries had become permanent and stationary on January 12, 1970, determined that petitioner’s disability was 64 percent, and awarded permanent disability compensation in the amount of $13,440 payable at the rate of $52.50 per week beginning February 20, 1970. The referee further decided that petitioner

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had not been entitled to receive any temporary disability payments, and ordered that the compensation carrier (State Compensation Insurance Fund) was entitled to credit for money paid as temporary disability indemnity.

Petitioner asked reconsideration of the latter ruling by the appeals board, which granted reconsideration and then made its own order holding that as a matter of law petitioner had not been entitled to temporary disability indemnity, and that State Fund was entitled to credit for the sums so paid out.

We issued a writ of review to bring the record of the appeals board here. The sole issue presented is whether petitioner was entitled to temporary disability indemnity payments during the period after his retirement and prior to the date when his disability became permanent and stationary.

No issue is raised as to the correctness of the permanent disability award.

We have concluded that under the applicable statutes petitioner was entitled to temporary disability indemnity between the time of his retirement and the time his disability became permanent and stationary, and the award must be modified to so provide. Our analysis of the governing law will be stated first.