Los Angeles Unified School District v. Workers' Compensation Appeals Board

Petitioners Los Angeles Unified School District (L.A. School District) and State Compensation Insurance Fund (State Fund) seek review of the finding by respondent Workers’ Compensation Appeals Board (WCAB) that respondent Mary Henry (hereinafter also applicant) sustained cumulative injury to her heart arising out of and occurring in the course of her employment as a teacher for L.A. School District. For the reasons stated herein, we annul the WCAB’s finding of industrial cumulative injury.

I

Applicant was employed by L.A. School District as a part-time PBX operator teacher from 1970 until July 1976 at the North Valley Occupational Center. State Fund was the workers’ compensation insurer for L.A. School District up through June 30, 1976; thereafter, L.A. School District was permissibly self-insured.

Applicant alleges that the stress of her employment resulted in an industrial cumulative injury to her heart. On December 14, 1975, while at home applicant sustained a myocardial infarction. She was hospitalized and was off work until April 1, 1976, when she returned to work for L.A. School District. She last worked on July 12, 1976, when she began to feel ill and was again…