Chu

Chu v. Workers' Compensation Appeals Board

Good Law
1996 Cal. App. LEXIS 928·49 Cal. App. 4th 1176·57 Cal. Rptr. 2d 221·96 Daily Journal DAR 12042·61 Cal. Comp. Cases 926
Court of Appeal of CaliforniaOctober 1, 1996D025723California2,972 words

Opinion

Opinion

McDonald, J.

Benjamin Chu (Chu), a probationary sergeant with the San Diego Police Department (the Department), committed suicide. His wife (Michelle) and children sought workers’ compensation death benefits. A workers’ compensation judge (WCJ) found that the suicide was the proximate result of injury which arose out of and occurred in the course of Chu’s employment as a police officer, and awarded death benefits. The Workers’ Compensation Appeals Board (the Board), with one member dissenting, reversed the WCJ and denied death benefits. In this opinion we conclude the Board’s decision is not supported by substantial evidence and reinstate the award of the WCJ.

Background

Chu was bom in Korea and came to San Diego in his mid-20’s. He married Michelle, a Korean woman. By the age of 32, Chu was the first Korean police officer in the Department. The Chus had a son the next year. After five years with the Department, Chu was elevated to sergeant, a promotion that usually takes from seven to ten years. After being promoted to sergeant, Chu and Michelle had a second child. Chu was a leader in the Korean community and was respected within the community and the Department. Chu loved his work…

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