Cooper

*46 Opinion

Petitioner Billy M. Cooper (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) setting aside the finding of the workers’ compensation judge (WCJ) that applicant sustained injury to his psyche in the course of his employment by respondent General Electric Company (GE).

We hold that the Board’s decision must be annulled since the WCJ correctly found that applicant sustained psychiatric injury in the course of his employment.

Facts

Applicant Billy M. Cooper filed an application for adjudication of claim alleging industrial injury to his ears, cardiovascular system, respiratory system, and gastrointestinal system while employed as an inspector repairman with GE from June 11, 1946, through July 30, 1976.

In early 1973, applicant’s union at GE provided medical evaluations for employees who had asbestos exposure. Applicant testified that this medical examination was paid for by GE. At that time applicant was examined by Drs. Merliss and Dahlgren. Dr. Merliss opined that applicant suffered from a “diffuse pulmonary disorder . . . due in part to smoking and in part to the inhalation of asbestos.” Dr. Dahlgren diagnosed…

I respectfully dissent and would affirm the Workers’ Compensation Appeals Board’s (Board) decision.

Applicant, of course, had the burden of proving by a preponderance of the evidence that his alleged psychiatric injury arose out of and in the course of his employment. (Lab. Code, §§ 3202.5, 3600, 5705; Wehr v. Workers’ Comp. Appeals Bd. (1985) 165 Cal.App.3d 188, 193 [ 211 Cal.Rptr. 321 ]; California State Polytechnic University v. Workers’ Comp. Appeals Bd. (1982) 127 Cal.App.3d 514 , 520 [ 179 Cal.Rptr. 605 ]; Cal. Workers’ Compensation Practice (Cont.Ed.Bar 1985) § 8.45, p. 316.) “ ‘Preponderance of the evidence’ means such evidence as, when weighed with that opposed to it, has more convincing force and the greater probability of truth.” (Lab. Code, § 3202.5; see Wehr v. Workers’ Comp. Appeals Bd., supra, 165 Cal.App.3d at pp. 193-194.)

It is well settled that to be compensable under Labor Code section 3600, an injury must both “arise out of and be in the course of employment.” (State Compensation Ins. Fund v. Workers’ Comp. Appeals Bd. (1982) 133 Cal.App.3d 643, 652 [ 184 Cal.Rptr. 111 ], original italics.) Generally, the phrase, “arise out of employment,” refers to a causal…