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Case Name | Prudential Ins. Co. v. WCAB | |
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Date | 12/15/1978 | |
Note | Overpaid disability benefits are outside reach of group disability insurer's liens. | |
Citation | 22 Cal.3d 776 | |
WCC Citation | WCC 24481978 CA |
OPINION MANUEL, J. Petitioner Prudential Insurance Company of America (Prudential) seeks review of an order of the respondent Workers' Compensation Appeals Board (WCAB) denying its claim of lien filed against an award in favor of respondent Thomas Wright (Wright), an airline employee. Pursuant to the policy, Prudential made payments to him without offset for workers' compensation benefits to which he may have been entitled. In August 1976, Wright filed an application with the WCAB, alleging the October injury was industrial in nature. Prudential filed with the WCAB a notice and request for allowance of lien seeking to recover back these payments to the extent Wright received workers' compensation benefits. The original findings and award of WCAB failed to dispose of Prudential's claim, apparently because the WCAB had misplaced the claim of lien.
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