State Compensation Insurance Fund v. Workmen's Compensation Appeals Board

—Petitioner State Compensation Insurance Fund, insurer of applicant’s employer, County of San Bernardino, seeks review and reversal of the board’s decision after reconsideration. The principal question in the case relates to the applicability of the prohibition against apportionment contained in Labor Code, section 3212.5.

The applicant, Leon J. Schmidt, took a civil service examination for a position in the San Bernardino County coroner’s office, entitled “Criminal Investigator.” He obtained the position and was sworn in as a deputy coroner. At the same time he was sworn in as a deputy sheriff and was given an *773 identification card attesting to that fact. The card was clearly marked “Non-Salaried.” The badge issued to him identified him as “Deputy Coroner and Deputy Public Administrator.” At all times the applicant worked out of the county coroner’s office, and his immediate supervisor was the chief criminal deputy coroner. He carried a gun in his work, and was authorized to make arrests and quell disturbances of the peace occurring in his presence. He was on call 24 hours a day and was called whenever an unexplained death occurred.

The applicant had no symptoms of heart…