Ralphs Grocery Co. v. Workers' Comp. Appeals Bd.

Petitioner Ralphs Grocery Company seeks to annul the respondent Workers’ Compensation Appeals Board’s award of death benefits to an employee’s surviving minors. We conclude the injury was noncompensable and annul the award.

Facts

Mark Moeller was a 32-year-old meatcutter employed by Rálphs for 10 years when he died of a heart attack while at home on a Sunday evening, June 1, 1992. Moeller had not worked at Ralphs since October 29, 1991, when he went on disability leave due to an industrial injury to his finger. Because of declining sales, Ralphs laid off Moeller in November 1991, while he was still on disability leave. On June 1, 1992, the day before Moeller was scheduled to return to work from the layoff, he suddenly collapsed and died of a heart attack.

On the date of death, which is also the date of the alleged industrial injury, Ralphs telephoned Moeller at home and told him to report back to work the next day, June 2, 1992. Ralphs offered Moeller a part-time meatcutter’s position without benefits. This offer was less than what Moeller, who was in financial difficulty, had hoped to receive.

Moeller had been diagnosed with colon cancer in May 1991, and the layoff…