Beaty

Beaty v. Workers' Compensation Appeals Board

Good Law
144 Cal. Rptr. 78·1978 Cal. App. LEXIS 1428·80 Cal. App. 3d 397·43 Cal. Comp. Cases 444
Court of Appeal of CaliforniaApril 26, 1978Civ. 52107California2,562 words

Opinion

Opinion

Cobey, J.

Petitioner, Ira G. Beaty, contends that an off-the-job accident is industrially related since it was the proximate result of a prior industrial injury. The appeals board held against Beaty. We annul the appeals board’s decision as the issues involved need further consideration by the appeals board in light of our opinion herein.

Facts

Beaty while employed by the City of Los Angeles (City) as a police officer on August 13, 1972, sustained injury arising out of and occurring in the course of his employment to his left minor upper extremity. In June 1974, Beaty was awarded 5¾ percent permanent disability for the Industrial Injury. Beaty asserts that the injury.he sustained in a fall from a ladder on April 19, 1975, while engaged in nonjob-related activities is compensable on an industrial basis because the residuals of the Industrial Injury were a contributing factor to the fall.

As a result of the Industrial Injury, Beaty underwent several left shoulder surgeries. The last of those was in September 1973. Thereafter Beaty did return to work for City but continued to have problems with his shoulder which included pain ranging from a constant dull ache to a sharp pain.…

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