Any payment, allowance, or benefit received by the injured employee during the period of his incapacity, or by his dependents in the event of his death, which by the terms of this division was not then due and payable or when there is any dispute or question concerning the right to compensation, shall not, in the absence of any agreement, be an admission of liability for compensation on the part of the employer, but any such payment, allowance, or benefit may be taken into account by the appeals board in fixing the amount of the compensation to be paid. The acceptance of any such payment, allowance, or benefit shall not operate as a waiver of any right or claim which the employee or his dependents has against the employer.
Cal. Lab. Code § 4909
Payment and Assignment
Applied in 2 court decisions — leading case 71 Cal. 2d 254 - Herrera v. Workmen's Compensation Appeals Board (1969)
Most recently applied in 5 Cal. 3d 23 - Symington v. City of Albany (May 1971)
Amended by Stats. 1965, Ch. 1513.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.