California State Polytechnic University v. Workers' Compensation Appeals Board

Good Law
127 Cal. App. 3d 514·179 Cal. Rptr. 605·1982 Cal. App. LEXIS 1192·47 Cal. Comp. Cases 136
Court of Appeal of CaliforniaJanuary 7, 1982Civ. No. 62605California1,998 words

Opinion

Lead Opinion

Compton, J.

We review a decision of the Workers’ Compensation Appeals Board (Board) approving a finding by a workers’ compensation *516 judge that the death of an employee of the California State Polytechnic University at Pomona arose out of her employment.

Decedent was employed as a stenographer at the university. She worked in an office on the campus which apparently contained administrative offices and classrooms. The office was off a corridor heavily trafficked by students, teachers and other employees.

On October 24, 1977, while school was open and in session, decedent was shot to death while sitting at a desk in her office. There were no witnesses to the actual shooting. The gun was left at the scene. Investigation disclosed the gun had been stolen in a burglary in Compton.

Dr. Armstrong, a professor of education at the university, entered decedent’s office just prior to the shooting and observed a black male standing in front of decedent’s desk. Dr. Armstrong apparently left before the shooting.

Dr. Hammond, another professor, had seen decedent talking to a black male on the campus about a week earlier. On the day of the shooting he observed a black male in a restroom in…

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