NELSEN v. WORKMEN'S COMP. APP. BD.

Docket Nos. 12319, 12397, 12398, 12399.

11 Cal.App.3d 472 (1970)

89 Cal. Rptr. 638

OSWALD N. NELSEN, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CAPITOL ROOF STRUCTURES et al., Respondents. JAMES H. SMITH, JR., Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, AEROJET GENERAL CORPORATION et al., Respondents. FREDERICK N. MYERS, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, MARINE TERMINALS CORPORATION et al., Respondents. EARL MARGLON, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ROBERT S. MILLER et al., Respondents. (Consolidated Cases.)

Court of Appeals of California, Third District.

September 22, 1970.


Attorney(s) appearing for the Case

COUNSEL

Richard J. Asbill, Kenneth B. Cayocca, J. Adrian Palmquist, Daniel L. Mitchell, Robert Hall, Garry, Dreyfus, McTernan & Brotsky, Francis J. McTernan, David E. Pesonen, Condon, Dolgin, Kully & Jameson and David A. Dolgin for Petitioners.

Everett A. Corten, Rupert A. Pedrin, Jon L. Gateley, Mullen & Filippi, Frank J. Filippi, Hanna & Brophy, Albert Sennett and Kiernan & Misciagna for Respondents.

T. Groezinger, Loton Wells and Herbert Lasky as Amici Curiae on behalf of Respondents.


OPINION

JANES, J.

(1) Each of these four workmen's compensation cases involves facts of which the following pattern is typical: The employee had been furnished benefits by his employer's workmen's compensation carrier. The carrier later intervened or filed a lien claim in the employee's civil action against an alleged third party tortfeasor for the same injuries. In that action, the court or jury found that the...

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