King

King v. Workers' Compensation Appeals Board

Good Law
1991 Cal. App. LEXIS 768·231 Cal. App. 3d 1640·283 Cal. Rptr. 98·91 Daily Journal DAR 8029·56 Cal. Comp. Cases 408
Court of Appeal of CaliforniaJuly 3, 1991B050278California2,524 words

Opinion

Opinion

Johnson, J.

We review a decision of respondent Workers’ Compensation Appeals Board (Board) that 70 percent of applicant’s cardiovascular and psychiatric disability should be apportioned to preexisting disability. Because we conclude the employer failed to meet its burden of proving applicant had preexisting cardiovascular and psychiatric disability, we will annul the Board’s order denying reconsideration.

Factual and Procedural Background

Applicant claimed she sustained cumulative industrial orthopedic, psychiatric, and cardiovascular injury during the December 3, 1983, through December 4, 1984, period of her employment as a cook by Lynwood Unified School District.

In 1983 the employer hired a new administrator, Shirley Webb. Applicant testified she experienced stress at work because Ms. Webb increased applicant’s duties, verbally harassed applicant, and repeatedly threatened to fire applicant. Applicant claimed she developed chest pain and depression as a result of the work-related stress. She denied having those physical and emotional difficulties before 1983. In December 1984 applicant’s age was 57. Applicant testified that in 1984 she separated from her husband and lost her…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.