County of Los Angeles v. Workers' Compensation Appeals Board

Petitioner County of Los Angeles (County) seeks review of a finding that respondent Barbara Jean Swift (applicant) sustained injuries arising out of and occurring in the course of her employment with County on March 26, 1979. We annul the finding and award thereon, and remand the matter to the Workers’ Compensation Appeals Board (the Board).

Facts

Applicant filed an application for adjudication of claim alleging injury arising out of and occurring in the course of her employment with County on March 26, 1979, to her right upper extremity, brain, internal organs and both eyes. The injury occurred on her lunch break when an auto crashed into the food stand where applicant was eating lunch. County denied that the injury arose out of and occurred in the course of employment.

The case was submitted on the basis of applicant’s deposition testimony of June 16, 1980, and certain stipulations, which established the following facts: At the time of the injury she worked for County at the Compton Health Center as an intermediate clerk typist. Her work hours were from 8 a.m. to 4:30 p.m. She worked seven and a half hours daily but was paid for eight so that she had two paid…