Gerson v. Industrial Accident Commission

ASHBURN, J., Concurring and Dissenting.

I agree with most of the prevailing opinion but am unable to concur in an annulment of the award or in the reasoning which leads to that conclusion.

The majority opinion concedes that Blue Cross is entitled to a lien upon the compensation award, but holds that the commission’s erroneous denial of the lien precludes it as a matter of jurisdiction from ordering payment directly to Blue Cross because of the limited phraseology of section 4904, Labor Code •.“... The commission may order the amount of any lien claim, as determined and allowed by it, to be paid…