Legal Opinion

Graham v. Workers' Compensation Appeals Board & County Transit District

California Court of Appeal

Decided May 12, 1989No. E006225PublishedCited by 7 opinions

1Opinion of the Court

Opinion

DABNEY, J.

In his petition for writ of review, John B. Graham contends that respondent Workers’ Compensation Appeals Board (Board) exceeded its power when it granted the petition of respondent Orange County Transit District (Transit District) for credit against Graham’s workers’ compensation award for a settlement Graham received in a malpractice action. This case presents an issue of first impression as to how the credit provisions of Labor Code sections 3858 and 3861 should be construed in light of the subsequent enactment of Civil Code section 3333.1 as part of the Medical Injury…

2Cases cited12 opinions

  1. Witt v. JacksonCalifornia Supreme Court · 1961
  2. Fein v. Permanente Medical GroupCalifornia Supreme Court · 1985
  3. Fuentes v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1976
  4. Associated Construction & Engineering Co. v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1978
  5. Leslie Salt Co. v. San Francisco Bay Conservation & Development CommissionCalifornia Court of Appeal · 1984

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3Cited by7 opinions

  1. Medical Mutual of Ohio v. DeSotoCourt of Appeals for the Sixth Circuit · 2001
  2. Maranian v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2000
  3. HARPER v. COPPERPOINT MUT. INS. HOLDING CO.Nevada Supreme Court · 2022
  4. Medical Mutual of Ohio v. Denise Desoto Jose DesotoCourt of Appeals for the Sixth Circuit · 2000
  5. Medical Mutual of Ohio v. Denise Desoto Jose DesotoCourt of Appeals for the Sixth Circuit · 2000

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