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Case Name L.A. Unified School Dist. v. WCAB
Date 01/11/1984
Note Applicant entitled to TD indemnity concurrently with PERS retirement payments.
Citation 150 Cal.App.3d 823, 49 CCC 48
WCC Citation WCC 27021984 CA
LOS ANGELES UNIFIED SCHOOL DISTRICT, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RUSSELL L. MATTHEWS, Respondents. Respondent Russell Matthews, employed as a custodian for petitioner Los Angeles Unified School District, suffered industrial injuries during the period of his employment from 1949 through September 22, 1978. Petitioner appealed the order, claiming it was entitled to a credit for retirement disability payments against rehabilitation temporary disability indemnity. In Gorman, an industrially injured police officer took a one-year leave of absence with pay pursuant to section 4850 fn. Respondent, a retired school custodian, is clearly not a 'safety' employee under the terms of sections 4850 et seq. , but rather a school member of PERS whose occupational functions do not involve public safety or law enforcement.

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