Argonaut Insurance v. Industrial Accident Commission

DRAPER, P. J.—

Petitioner * seeks annulment of an award of maximum compensation for temporary total disability, together with 10 per cent penalty (Lab. Code, § 5814). Elmer W. Marlar, a construction worker, was injured November 17, 1961. Petitioner, the insurer of his employer, paid him the maximum compensation of $70 per week until January 19, 1962. On that date, the insurer reduced the payments to $47.54 per week. This reduction was made on the basis of Marlar’s return to a questionnaire sent to him by the insurer. The return showed that his earnings at date of injury were at a rate well in…