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R.E. SPRIGGS, INC. v. INDUSTRIAL ACC. COM.

Docket No. L.A. 23061.

42 Cal.2d 785 (1954)

269 P.2d 876

R.E. SPRIGGS, INC. (a Corporation) et al., Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and AUGUSTUS CHIARELLO, Respondents.

Supreme Court of California. In Bank.

May 11, 1954.

Attorney(s) appearing for the Case

Kearney, Scott & Clopton for Petitioners.

Everett A. Corten and Gordon W. Winbigler for Respondents.

EDMONDS, J.

The Industrial Accident Commission credited against an award of compensation only $1,400 of the amount received by Augustus Chiarello in settlement of his claim against an asserted third party tort feasor. His employer and its insurance carrier contend that they are entitled to the entire amount obtained by the settlement without deduction of attorney's fees.

Chiarello was employed by R.E. Spriggs, Inc. He claimed to have sustained injuries while...

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