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| Case Name | Baur vs. WCAB and City of Stockton | |
|---|---|---|
| Date | 08/21/2009 | |
| Note | Municipality that paid workers' compensation benefits is entitled to a credit whether the tortfeasor's insurer was a solvent company or CIGA and whether the recovery was for general or special damages. | |
| Citation | C061042 | |
| WCC Citation | WCC 35562009 CA |
In this case, petitioner Lance Baur, a police officer employed by respondent City of Stockton (the city), was injured on the job during an altercation with suspect Richard Thomas Beck. FACTUAL AND PROCEDURAL BACKGROUND Officer Baur was employed by the city in August 2003 when he was injured on the job by suspect Beck. As a result of Baur's injuries, the city provided Baur with $74,408. 79 in workers' compensation benefits. In settlement of the lawsuit, CIGA agreed to pay $50,000 to Baur, and the city agreed to release its lien. Baur objected to the credit, claiming the city has no credit rights in this matter for the same reasons .
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