Lamb v. Board of County Peace Officers Retirement Commission

WOOD, J., Concurring.

I concur in the judgment. It appears from the petition that petitioner made application to the industrial accident commission for an award for injuries suffered in the course of his employment. The application was granted and petitioner is now receiving the sum of $5.48 per week in accordance with the award made by the commission. It is provided in section 14 of the act under which petitioner seeks relief: “No peace officer who receives compensation from the county for disability under any workmen’s compensation act or by virtue of any judgment obtained against the county for disability shall receive any of the benefits provided by this act, nor in the event of his death shall any such benefits inure to his dependents as here provided; provided, however, that where such person is retired under the provisions of this act and would be entitled to a pension thereunder such person may receive such portion of the pension authorized as is represented by the difference between workmen’s compensation and the full amount of the pension to which he might otherwise be entitled, it being the intention that the pension allowed for injury incurred in line of duty shall not be cumulative with the benefits under workmen’s compensation which may be awarded for the same injury or disability.” Petitioner is not retired under the provisions of the act in question. In my opinion the affirmance of the judgment should be based upon the ground that section 14 precludes petitioner from the relief sought.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on January 19, 1939.