OTT v. WORKERS' COMP. APPEALS BD.

Docket No. 5951.

118 Cal.App.3d 912 (1981)

173 Cal. Rptr. 648

LUNETTE OTT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Respondents.

Court of Appeals of California, Fifth District.

May 6, 1981.


Attorney(s) appearing for the Case

COUNSEL

Chain, Younger, Jameson, Lemucchi, Busacca & Noriega and David K. Cohn for Petitioner.

Alfred Lombardo as Amicus Curiae on behalf of Petitioner.

Parker & Dally, Robert L. Dally, Stanford D. Herlick and John F. Parker for Respondents.


OPINION

ZENOVICH, J.

This petition for writ of review challenges the propriety of a decision allowing a credit against permanent disability indemnity to respondent Pacific Telephone and Telegraph Company for sums paid under its employee benefit plan. For reasons to be explained, we find that the Workers' Compensation Appeals Board incorrectly allowed the credit, and we annul the order.

Petitioner Lunette Ott (hereinafter Ott...

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