Pacific Telephone & Telegraph Co. v. Workers' Compensation Appeals Board

Petitioner the Pacific Telephone and Telegraph Company (Pacific Telephone) contends that respondent Workers’ Compensation Appeals Board (Board) erred in finding respondent Thomas Blackburn (hereinafter also applicant) sustained injury to his emotional state arising out of and occurring in the course of employment. Pacific Telephone asserts that applicant’s injury is not compensable as it was connected with Pacific Telephone’s investigation of applicant’s alleged forgery of customer signatures on Pacific Telephone contracts. The Board concluded that regardless of whether applicant had committed forgery that the injury was compensable as it was proximately related to the employment, We agree with Pacific Telephone that whether applicant did in fact engage in forgery is crucial to the question of industrial injury. Accordingly, we annul the Board’s decision and direct further proceedings as indicated herein.

I

Applicant was employed from January 5, 1971, through March 20, 1975, by Pacific Telephone as a telephone directory advertising salesman. In his job applicant sold advertising space in telephone directories; he was paid on a salary plus commission basis.

Applicant…