Wehr

Wehr v. Workers' Compensation Appeals Board

Good Law
165 Cal. App. 3d 188·1985 Cal. App. LEXIS 1708·211 Cal. Rptr. 321·50 Cal. Comp. Cases 165
Court of Appeal of CaliforniaMarch 4, 1985B004907California2,164 words

Opinion

Opinion

Abbe, J.

Petitioners Roberta Wehr and Jack Wehr, Jr., as dependents of Jack Wehr, deceased, seek review of the order of respondent Workers’ Compensation Appeals Board denying reconsideration of its decision rescinding the award and findings of the workers’ compensation judge (WCJ) that Roberta and Jack Wehr, Jr., are entitled to benefits for the industrially caused death of Jack Wehr. We hold that the board’s order must be affirmed.

We summarily denied applicants’ petition for writ of review; however, the Supreme Court granted applicants’ petition for hearing and retransferred the matter to this court with direction to issue a writ.

Jack Wehr was employed as a maintenance man by respondent San Luis Obispo Coastal Unified School District for several years until his death on August 31, 1982. His widow Roberta, on behalf of herself and their minor son Jack, Jr., applied for death benefits as dependents (Lab. Code, § 4702), claiming that the decedent’s liver injury resulted from industrial exposure to chemicals and infectious bacteria.

Evidence presented by applicants included testimony of the widow and two of decedent’s coemployees (Mr. Callaway and Mr. Weir), a list of products…

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