In what circumstances will the California Court of Appeal deny credit for the workmen's compensation of the children of a deceased police officer?

California, United States of America


The following excerpt is from City and County of San Francisco v. Workmen's Compensation Appeals Bd., 269 Cal.App.2d 382, 74 Cal.Rptr. 810 (Cal. App. 1969):

Lyons v. Hoover, supra, 41 Cal.2d 145, 148, 258 P.2d 4, 6A concerned a charter provision of the City of Sacramento substantially comparable to that of San Francisco. It provided: "That portion of any allowance payable because of the death * * * of (an) employee * * * shall be reduced * * * by the amount of any (workmen's compensation) benefits payable to or on account of such person, * * *." 5

Page 814

We believe the rationale of Lyons v. Hoover, supra, to be controlling and applicable here. Accordingly, we hold in the instant case that the appeals board did not act in excess of its powers, or abuse its discretion, in denying credit for death allowances paid or payable to the police officers' widows against the workmen's compensation awards to their children.

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