OSWALD N. NELSEN, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CAPITOL ROOF STRUCTURES et al. , Respondents. In one of those three cases (Marglon v. WCAB), the civil judgment was followed by a settlement with the third party pending appeal. The fourth case at bench (Smith v. WCAB) was preceded by a civil action in which the third party defendant settled during trial. In Marglon v. WCAB (one of the four cases here for review) the compensation carrier's complaint in intervention was voluntarily dismissed prior to verdict in the third party action. 229-234; see also, Gastelum v. City of Torrance (1969) 2 Cal. App. 3d 582 [82 Cal. Rptr. 732] (WCAB death benefit award). )

Download full case here.