Ross
Ross v. Workmen's Compensation Appeals Board
Opinion
lead Opinion
Aiso, J.
Writ of review. Petitioner Edward F. Ross (claimant) sustained injuries while working as a clerk for Harry Church, dba Seville Liquor Store (employer) on September 5, 1969, in Little Rock, California, when Robert Lester Davison, a customer, shot him with a handgun. Claimant seeks annulment of the order granting reconsideration and decision on reconsideration of the Workmen’s Compensation Appeals Board (Board) rescinding the referee’s findings, award, and order granting him compensation. The review turns on whether the injuries sustained by claimant were “proximately caused” by his employment.
Evidentiary Facts
We set forth only those facts and evidence relevant to the issue on review. Claimant was a 35-year-old bachelor who had lived in Little Rock at the same address for 21 years with his mother. He had worked for the Seville Liquor Store for about seven years. He became acquainted with Davison and his wife, Willie Mae Davison, in the course of his employment following their introduction to him by Booker T. Ferguson, Davison’s father-in-law, at the store about two years prior to the shooting episode.
The Davisons had been married for approximately 16 years, they had…
concurrence Opinion
Stephens, J.
I concur in the result.
It is my opinion, however, that the frequency of the visits to the store by Mrs. Davison were engendered partially at least by her interest *959 in claimant, though her purchases may likewise have been a reason therefor. Where the benefits resultant to an employer are attributable to the salesman, in part at least, certainly the causation of injury, as in the instant case, cannot be said to be without employment connection. 1 It appears to me that throughout the cases involving injury or death to an employee cited in the main opinion and the holdings that workmen’s compensation benefits are applicable, there is the continuing thread of employer’s benefit involved in the employee’s activities. Where there is a romantic attachment to, or even mere personal interest in, an employee to such an extent as to reasonably redound to the benefit of an employer, an injury occasioned because of that interest and while the employee is in the course of employment is reasonably attributable to that employment.
The petition of respondents Church and United States Fidelity and Guaranty Company for a hearing by the Supreme Court was denied February 3, 1972.
A different…
Opinion
Writ of review. Petitioner Edward F. Ross (claimant) sustained injuries while working as a clerk for Harry Church, dba Seville Liquor Store (employer) on September 5, 1969, in Little Rock, California, when Robert Lester Davison, a customer, shot him with a handgun. Claimant seeks annulment of the order granting reconsideration and decision on reconsideration of the Workmen's Compensation Appeals Board (Board) rescinding the referee's findings, award, and order granting him compensation. The review turns on whether the injuries sustained by claimant were "proximately caused" by his employment.
We set forth only those facts and evidence relevant to the issue on review. Claimant was a 35-year-old bachelor who had lived in Little Rock at the same address for 21 years with his mother. He had worked for the Seville Liquor Store for about seven years. He became acquainted with Davison and his wife, Willie Mae Davison, in the course of his employment following their introduction to him by Booker T. Ferguson, Davison's father-in-law, at the store about two years prior to the shooting episode.