Smith v. Workers' Compensation Appeals Board

Introduction

Petitioner, Julie K. Smith (hereinafter Mrs. Smith), filed a worker’s compensation claim arising out of injuries resulting in the death of her husband, Ronald Wayne Smith (hereinafter the decedent). Mrs. Smith filed the claim on her behalf and as guardian ad litem for her three minor children. The workers’ compensation judge determined that the decedent’s death did not arise out of and in the course of his employment. Mrs. Smith filed a petition for reconsideration. The Workers’ Compensation Appeals Board denied the petition for reconsideration.

Mrs. Smith filed a petition for a writ of review in this court which was denied. She then filed in the Supreme Court a petition for review of this court’s denial of her writ. The Supreme Court granted the petition and ordered the matter transferred to this court for hearing.

Statement of Facts

The decedent was employed by the Modesto City Schools as a math instructor and his status was temporary. In addition, he coached the girls’ baseball and basketball teams for which he received additional pay.

Ila Westfall was the head of the math department and the advisor to the math club, which is an official school club.…