Smith v. Workers' Compensation Appeals Board

Petitioner Cheryl J. Smith, widow of Eddie G. Smith, seeks review of a decision of the Workers’ Compensation Appeals Board (WCAB) denying reconsideration of petitioner’s claim for ' death benefits and burial expenses; the decision adopted and incorporated the report of the workers’ compensation judge disallowing benefits on the ground that the decedent was intoxicated at the time of the accident and the intoxication was the proximate cause of death.

Eddie G. Smith, employed by Ed Smith Welding of Bakersfield, California, died February 20, 1979, in an automobile accident while returning to his office from a jobsite. On April 3, 1979, petitioner filed an application for death benefits and burial expenses with the WCAB. She was subsequently appointed guardian ad litem for the Smiths’ two children. A hearing was held before the workers’ compensation judge, who prepared the following summary of the evidence.

Bobby Burton Morris (Morris) testified that he was employed by Ed Smith Welding and that, on the day of the accident, he began work at the shop at 6:30 a.m. Eddie Smith (Smith) was already there and outlined the work he wanted done. He told Morris to go to Mount Able and…