Aetna Casualty & Surety Co. v. Industrial Accident Commission

This is a proceeding to review an award of compensation made by the Industrial Accident Commission in favor of an injured employee. At the time the employee sustained his admittedly compensable injury, section 4661 of the Labor Code provided that “Where an injury causes both temporary and permanent disability, the injured employee is not entitled to both a temporary and permanent disability payment, but only to the greater of the two.” By an amendment effective as of September 15, 1945, the following proviso was added to section 4661: “except that where the temporary disability payment…