> >
Case Name | Sobiniak v. WCAB | |
---|---|---|
Date | 05/25/1984 | |
Note | UEF entitled to credit for net amt. of employee third party recovery. | |
Citation | 156 Cal.App.3d 448 | |
WCC Citation | WCC 24451984 CA |
Sobiniak initiated a civil action against the manufacturer of the pump. That action was settled for 'a gross recovery of $135,000,' Sobiniak receiving final payment on January 28, 1982. On January 5, 1983, the WCJ found that Sobiniak sustained industrial injury while employer Rohde was illegally uninsured, and awarded benefits to Sobiniak. The WCJ further opined that Sobiniak, having received compensation for his injury from the third party, is precluded from double recovery by the credit provision. 1598) which had resulted in disputes as to its meaning in several respects in cases involving both civil actions and proceedings before the WCAB.
Download full case here.
Download full case here.