Department of Motor Vehicles v. Industrial Accident Commission

WARD, J. This is a petition by the Department of Motor Vehicles, California Highway Patrol, for a writ of review seeking a reduction in an award made by respondent to John M. Reed, a member of the Highway Patrol, for injuries admittedly received within the scope of his official employment. The amount of the award was $2,300. It is the contention of the state employing petitioner that the award should be reduced in the sum of $442.86 representing the applicant’s 17-5/7 weeks absence on leave from his official position immediately following his injury. During the last-mentioned period of absence Reed was paid his salary in full.

The findings upon which the award is based set forth certain injuries to Reed, arising out of and in the course of his employment, due to a fall from a motorcycle. The findings also set forth that the injuries constitute “a permanent disability of 23 percent, entitling him to $25.00 per week for [67392] weeks, in the total sum of $2,300.00, based upon earnings of $190.00 per month. Said injury also caused temporary total disability beginning March 30, 1939 to and including August 7, 1939 during which time applicant was paid his full salary and sustained no wage loss.”

The accident occurred on March 29, 1939. The award was dated by the referee May 19, 1947. A petition for rehearing was denied by the commission on June 9, 1947. The California Highway Patrol is subject to the special provisions contained in Labor Code, section 4800. The purpose of the section appears to be to permit compensation to be given those engaged in active law enforcement service in lieu of disability payments for one year. This section is applicable only to members of the California Highway Patrol. However, there are provisions for special payments to policemen and firemen who are members of the State Employees’ Retirement Systems.

It is the contention of the Department of Motor Vehicles that Reed was not entitled to both his full salary during his temporary disability and to permanent disability payments for the same period; “that the Commission should have allowed credit for an amount equal to seventeen and five sevenths (17 & 5/7ths) weeks, (that is, the period of temporary disability, less the one week waiting period) at $25.00 a week, or the sum of $442.96; and that, therefore, the award should have been made for only $1857.14 for permanent disability compensation.” Petitioner’s position is that the award was unlawful at the time it was made. Respondent Industrial Accident Commission concedes that Reed’s rights are controlled by Labor Code sections in force and effect at the time of Reed’s injury.