Legal Opinion · Concurrence

City & County of San Francisco v. Workmen's Comp. Appeals Bd.

California Court of Appeal

Decided February 4, 1969No. Civ. 25592; 25593; 25594Published

1ConcurrenceSims, J.

I concur in the judgment affirming the award in 1 Civil 25593 (Swall), and in remanding 1 Civil 25592 (Guzzetti), and 1 Civil 25594 (Morey) to the appeals board. For the reasons set forth herein I would curtail the appeal board’s power to set apart or reassign the portion of the compensation death award which presumptively would have gone to the widow at death, because she has received payments under the city’s retirement system. Conversely, I would limit the city’s right to question the right of the appeals board to reapportion the interest, which, but for the statute of limitations, might…

2Cases cited20 opinions

  1. Cross v. Pacific Gas & Electric Co.California Supreme Court · 1964
  2. Stafford v. Los Angeles County Employees' Retirement BoardCalifornia Supreme Court · 1954
  3. Healy v. Industrial Accident CommissionCalifornia Supreme Court · 1953
  4. Bianco v. Industrial Accident CommissionCalifornia Supreme Court · 1944
  5. Ruiz v. Industrial Accident CommissionCalifornia Supreme Court · 1955

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