Turner

Elie Turner, while employed as a district superintendent for Southern California Edison Company, experienced partial paralysis of the legs when working late one night. He managed to drive home, was hospitalized and died nine (9) days later. Death resulted from the rupture of an aneurysm of the anterior cerebral artery at the base of the brain (brain hemorrhage).

His widow filed an application for death benefits on behalf of herself and the dependent minor child of the parties. At the time of the hearing before the trial referee, the crucial issue was whether the death occurred as a result of an injury arising out of the employment. Two medical doctors filed written reports on the causation issue: one upon behalf of the widow; and the other on Edison’s behalf. Both were cross-examined thereon. The referee found that death resulted from the employment and awarded the widow and minor maximum benefits. The board granted Edison’s petition for reconsideration. It noted that there was a conflict in the medical opinions and appointed an independent medical examiner (IME). The IME filed his report and was cross-examined thereon before another referee. On the basis of the IME’s…