Perry

Perry v. Workers' Compensation Appeals Board

Good Law
136 Cal. Rptr. 309·1977 Cal. App. LEXIS 1187·66 Cal. App. 3d 887·42 Cal. Comp. Cases 126
Court of Appeal of CaliforniaFebruary 8, 1977Civ. 39778California1,248 words

Opinion

Opinion

Elkington, J.

We review a decision of the Workers’ Compensation Appeals Board (Board) which terminated, as of April 10, 1975, petitioner Perry’s workers’ compensation temporary disability benefits for an industrial injury.

The following facts are without substantial, if any, dispute.

Perry, 43, in his employment by Santa Fe Trail Transportation Company, customarily lifted sacks of coffee beans weighing about 150 pounds. While so engaged he developed a left inguinal hernia which concededly resulted in an industrial disability. Such an injury is .ordinarily speedily repaired by surgery, after which the disability continues for about six weeks. But without such corrective surgery the worker’s disability may continue indefinitely. Perry, reporting to a hospital for such surgery, was given the customary “pre-op tests.” These tests disclosed an adverse “cardiac condition” of nonindustrial causation, following which there was medical agreement that Perry “was not a candidate for [hernia surgery] because of the serious nature of the heart problem.” Perry was willing to have the necessary operation whenever the heart doctor “gives the okay,” an approval which was not forthcoming. As a result…

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.