| Any payment, allowance, or benefit received by the injured employee during the period of his incapacity, or by his dependents in the event of his death, which by the terms of this division was not then due and payable or when there is any dispute or question concerning the right to compensation, shall not, in the absence of any agreement, be an admission of liability for compensation on the part of the employer, but any such payment, allowance, or benefit may be taken into account by the appeals board in fixing the amount of the compensation to be paid. The acceptance of any such payment, allowance, or benefit shall not operate as a waiver of any right or claim which the employee or his dependents has against the employer.
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Relevant Case Law
Note: Disability retirement allowances paid when comp. benefits are due are
Note: Employer can credit paid private pension benefits against work comp. liabilities.
Note: Overpaid federal disability benefits can be credited 'dollar for dollar' against state liabilities..
Note: Employer may credit amounts independently earned by employee during leave against disability liabilities.
Note: Board has discretion to credit wage payments after injury against disability benefits.
Note: No lien or credit for voluntary payments as gifts separate from compensation.
Note: Employer bears burden of proving voluntary nature of wage payments for credit against indemnity.
Note: An employee's earnings from his second job are not a proper consideration in calculating an employer's liability for VRMA benefits.
Note: [Unpublished] The WCAB may interpret and enforce a prior award.
Note: Neither the statutory language or the legislative history of Labor Code section 4660 (d) indicates that a comprehensive medical-legal report or treating physician's report state the injured worker's condition has reached permanent and stationary status to indicate the existence of permanent disability.
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