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Case Name Garcia v. Industrial Accident Commission
Date 11/13/1953
Note The employee and the insurance carrier, if they object to allowance of the lien, must show that it should be disallowed.
Citation 41 Cal. 2d 689, 263 P.2d 8
WCC Citation WCC 33421953 CA
2d 689; 263 P. 2d 8 November 13, 1953 EVERARDO GARCIA ET AL. , PETITIONERS, v. INDUSTRIAL ACCIDENT COMMISSION ET AL. , RESPONDENTS PROCEEDING to review an order of the Industrial Accident Commission granting lien. Schauer [41 Cal2d Page 691] Everardo Garcia, an applicant for workmen's compensation, and Pacific Indemnity Company, carrier of the workmen's compensation insurance of Garcia's employer, seek review of an Industrial Accident Commission award of a lien (allowed pursuant to Lab. On August 3, 1950, the employe filed with the commission his application for adjustment of claim for an allegedly industrial injury which was sustained March 17, 1950. The final determinations whether an employe is entitled [41 Cal2d Page 694] to workmen's compensation, the amount of such compensation and the period during which he is eligible therefor, must be made by the Industrial Accident Commission. In such circumstances, the Industrial Accident Commission properly might infer that the disability was work connected and determine that the Department of Employment had established a prima facie case for the amount of its claim.

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