Gross

Gross v. Workmen's Compensation Appeals Board

Good Law
118 Cal. Rptr. 609·1975 Cal. App. LEXIS 942·44 Cal. App. 3d 397·40 Cal. Comp. Cases 49
Court of Appeal of CaliforniaJanuary 10, 1975Civ. 34714California2,266 words

Opinion

Opinion

Elkington, J.

On the application of petitioner Alta E. Gross, we review the legality of an award of the Workmen’s Compensation Appeals Board.

The facts are not disputed. Petitioner, 44 years of age, was employed as a trayline worker at a home for the elderly. Among her duties she would customarily lift tubs of ice or trays of milk weighing up to 20 pounds. She was considered a “valuable employee” and a “top dietary aide.” She had had no prior back trouble; so far as her back was concerned she was asymptomatic. A January 18, 1971, medical examination showed “everything normal, including the back”; the examining doctor reported her to be “in excellent health.” She was in no way restricted in the duties of her employment, and appeared to have no physical impairment or disability.

On February 1, 1971, petitioner, in the course of her employment, slipped and fell on a wet floor. As a result she developed “pain across the low back.” After medical examination and treatment she was able to continue in her employment, but “quite a bit of pain in the low back” persisted. Then on June 3, 1971, while cleaning out a refrigerator at work “her back popped,” and the pain increased. As a result of…

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