Sea-Land Service, Inc. v. Workers' Compensation Appeals Board

I dissent. The question is whether despite Labor Code section 4661 the employer may reduce this longshore worker’s state-mandated *93permanent disability indemnity simply because his federally required temporary disability indemnity exceeded the amount available under state law. By allowing such a reduction in violation of section 4661 the majority upset the balance of distinct economic interests embodied in California workers’ compensation law.

Chris A. Lopez, a harbor worker at the Port of Oakland, injured his shoulder while lifting a heavy box overhead. The injury rendered him 20 V2 percent…