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Case Name | Herrera v. WCAB | |
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Date | 06/18/1969 | |
Note | Board has discretion to credit wage payments after injury against disability benefits. | |
Citation | 71 Cal.2d 254, 34 CCC 382 | |
WCC Citation | WCC 24631969 CA |
DANIEL A. HERRERA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, GOLETA LEMON ASSOCIATION et al. , Respondents. Everett A. Corten, Edward A. Sarkisian, Rupert A. Pedrin, Nathan Mudge, T. Groezinger, Loton Wells and G. K. Bogue for Respondents. Thereafter, respondent employer and respondent insurance carrier jointly petitioned for reconsideration, which was granted. . . . ' It was further stated: 'Evidence Code Section 631 states 'Money delivered by one to another is presumed to have been due the latter. 'There was no agreement that any part of the wage payments made to petitioner by respondent employer constituted disability payments.
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