Thompson

The case before us presents the question of whether workers’ compensation benefits may be denied because a worker who has died from a stroke contributed to his underlying hypertension through a lack of diligence in procuring medical treatment.

Petitioner Janet Thompson is the widow of the decedent Jack Thompson. Thompson suffered a stroke and died at the age of 45. He had been employed by the City and County of San Francisco (City) for 18 years prior to his death. For the first 8 years, he was a counselor and for the following 10 years, a juvenile probation officer. Most recently in his career, he served as a senior probation officer where the stress of the job was considerably enhanced.

In 1987, when Thompson underwent a brief hospitalization for a broken arm, it was discovered that he suffered from hypertension. He was discharged from the hospital with instructions regarding medication for high blood pressure. In 1988 when he returned to the hospital for further arm surgery, the admission interview and history noted that Thompson had a history of hypertension “with poor medical compliance.” A further medical note stated that his hypertension was controlled by the…