Baker

Baker v. Workmen's Compensation Appeals Board

Good Law
18 Cal. App. 3d 852·1971 Cal. App. LEXIS 1436·96 Cal. Rptr. 279·36 Cal. Comp. Cases 431
Court of Appeal of CaliforniaJuly 22, 1971Civ. 10713California3,909 words

Opinion

Opinion

Tamura, J.

Petitioner has been a full time fireman with the Consolidated Fire Protection District (District) of the County of Los Angeles for 26 years. In 1953, after several hours of exposure to acrid fumes and smoke while fighting a rubber fire, petitioner complained of severe chest pains, shortness of breath and expectoration of blood and mucous. Thereafter those symptoms recurred with progressive intensity and frequency. In June 1968 he complained his condition had become so disabling that he was no longer able to work. Based upon petitioner’s testimony and numerous medical reports the referee found that petitioner was suffering from cardiovascular disease attributable to his employment and awarded permanent disability benefits. On re-reconsideration the board found that petitioner did not have heart trouble or an industrially caused pulmonary disease, did not sustain an industrial injury and entered its decision denying compensation. Petitioner seeks review and annulment of the decision contending that the board’s findings are not supported by substantial evidence in the light of the whole record.

We have concluded that the board’s finding that petitioner did not have heart…

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