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Case Name Ca.-Western States Life Ins. Co. v. IAC (Baird)
Date 03/07/1963
Note The original Baird Formula to determine amount of reimbursement to EDD where there is an issue which may defeat entire claim.
Citation 59 Cal. 2d 257; 28 Cal. Rptr. 872; 28 CCC 77
WCC Citation WCC 3661963 CA
CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, VIOLA B. BAIRD et al. , Respondents. Everett A. Corten, Emily B. Johnson, Rupert A. Pedrin, Weingand, Tipton, Kendig & Stockwell, Jaffe, Mallery & Thompson and Herlihy & Herlihy for Respondents. Immediately thereafter during 'a heated discussion' with Mr. Benton, Mrs. Baird collapsed and was taken to a hospital for treatment. Cases 100. petitioner neither became a party to this agreement nor did it participate in any of the negotiations that culminated in the compromise. By this formula petitioner's lien claim was reduced to 1/29th of the $5,500 lump sum payment or $200.

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