County of Contra Costa v. Industrial Accident Commission

DRAPER, P. J.

This writ of review was issued to determine whether the Industrial Accident Commission has discretion to reduce a county’s lien for public assistance paid to the injured workman during his disability.

[586]

Respondent Wilkerson was injured in an industrial accident August 31, 1960. He was awarded compensation for temporary disability, liability for which was terminated as of July 31, 1961. Thereafter, Wilkerson was awarded $972.51 as permanent disability indemnity. Meanwhile, on July 12, 1961, petitioner county filed its request for allowance of a lien for public assistance paid by the county to Wilkerson. It is undisputed that the county did advance $1,047.15 to Wilkerson for living expenses of himself and his family in the period September 1960 to June 1961 and that the advances were so used. Nevertheless, the commission allowed a lien for but $450. Lien for attorney’s fees, amounting to $100 also was allowed, and is not attacked here. This disposition of the lien claims left $422.51 payable to Wilkerson. The county’s petition for reconsideration was denied, and this petition for writ of review followed.

‘ ‘

The commission may determine, and allow as a lien against any amount to be paid as compensation: ... (c) The reasonable value of the living expenses of an injured employee or of his dependents, subsequent to the injury” (Lab. Code, § 4903). Although this section does not cover all items which might be termed living expenses

(Department of Mental Hygiene

v.

Industrial Acc. Com.,

183 Cal.App.2d 832 [7 Cal. Rptr. 257]), the commission has long recognized

(Hemming

v.

Industrial Acc. Com.,

13 Cal.Comp. Cases 23), and here concedes, that payments by a county of indigent aid are properly the subject of such a lien.

The commission argues that it has discretion to limit allowance of liens so that "the employee is not inordinately discomfited in providing for himself and his family. ” But once it has determined the amount due the lien claimant, the commission has discretion neither to deny the lien nor, save for prorating where the award is insufficient to cover all liens, to reduce it