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Case Name | Franczak v. Liberty Mut. Ins. Co. | |
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Date | 05/24/1977 | |
Note | Superior court had jurisdiction to enforce interest awarded by WCAB. | |
Citation | 19 Cal.3d 481, 42 CCC 422 | |
WCC Citation | WCC 26061977 CA |
JOSEF FRANCZAK, Plaintiff and Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant and Respondent (Opinion by Mosk, J. , with Tobriner, Acting C. J. , Sullivan, J. , and Lillie, J. , concurring. We conclude that under the plain language of section 5806 of the Labor Code, the court does have such jurisdiction. Each of the awards contained an order that it was to be paid 'with interest as provided by law. 'Although defendant paid plaintiffs an amount equal to the principal sum of each award, it failed to pay the interest thereon. Franczak was awarded $1,485 by the board on April 22, 1965, but defendant did not pay that sum until April 27, thereby incurring $1. 44 in interest payments.
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