S. Cal. Rapid Transit Dist. v. WORKERS'COMP. APP. BD.

588 P.2d 806, 23 Cal. 3d 158, 151 Cal. Rptr. 666
CourtCalifornia Supreme Court
DecidedJanuary 18, 1979
DocketL.A. 30990
StatusPublished
Cited by19 cases

This text of 588 P.2d 806 (S. Cal. Rapid Transit Dist. v. WORKERS'COMP. APP. BD.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S. Cal. Rapid Transit Dist. v. WORKERS'COMP. APP. BD., 588 P.2d 806, 23 Cal. 3d 158, 151 Cal. Rptr. 666 (Cal. 1979).

Opinion

23 Cal.3d 158 (1979)
588 P.2d 806
151 Cal. Rptr. 666

SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, INC., Petitioner,
v.
WORKERS' COMPENSATION APPEALS BOARD and ELLIOTT WEITZMAN, Respondents.

Docket No. L.A. 30990.

Supreme Court of California.

January 18, 1979.

*160 COUNSEL

James L. Flournoy and Flournoy & Johnson for Petitioner.

Charles L. Swezey, William B. Donohoe, Dexter W. Young, Philip M. Miyamoto, Thomas J. McBirnie, Fred L. Wright and Owen A. Silverman for Respondents.

John P. McCullough, Alfred Lombardo, Howard J. Scott, Bertram Cohen, Abe Virdeh, Yale Jones, Lowell Airola, Kathe R. Moore and Frank J. Reilly as Amici Curiae on behalf of Respondents.

OPINION

MANUEL, J.

Petitioner Southern California Rapid Transit District, Inc. (RTD) seeks review of an order of the Workers' Compensation Appeals Board (WCAB) denying reconsideration of an award of temporary disability benefits to respondent Elliot Weitzman (Weitzman). The injury of concern here resulted from an automobile accident which occurred when Weitzman was returning home from the RTD district office where he delivered a medical release authorizing him to return to work after a previous industrial injury.

(1a) We conclude that the injury arose out of and in the course of employment and thus the additional disability suffered as a result of the automobile accident is compensable.

While employed as a bus driver by RTD, Weitzman suffered an industrial injury on February 29, 1976. On September 26, 1976, RTD *161 rejected a medical release for return to work presented by Weitzman because it contained restrictions unacceptable to RTD. The personnel clerk for RTD advised Weitzman that a full release was necessary and that when he obtained such a release he should bring it directly to the local district office. On September 28, 1976, Weitzman secured from the doctor a medical release which contained no restrictions, and he took it directly from the doctor's office to the district office in Van Nuys. He was told to report for work on September 30, 1976. Enroute to his home from the district office Weitzman was involved in a head-on vehicle collision in which he suffered head, chest and pelvic injuries.

On April 5, 1976, Weitzman had filed an application for adjudication of claims for the February 1976 injury. On August 18, 1977, the workers' compensation judge found the February injury to have caused temporary total disability from March 1, 1976, to and including September 29, 1976. He further found that the September 1976 injury caused additional temporary total disability from September 30, 1976, to, with exceptions not here relevant, the present and continuing. RTD's petition for reconsideration was denied by the WCAB on October 18, 1977.

RTD contends that the accident of September 28, 1976, did not arise out of or occur in the course of Weitzman's employment and hence no award for temporary disability can be predicated upon its occurrence. Of course, it is fundamental that to be compensable an employee must sustain an injury "arising out of and in the course of[his] employment." (Lab. Code, § 3600.) Specifically, section 3600[1] provides that an employee's injuries are compensable when the following conditions occur: "(a) Where, at the time of the injury, both the employer and the employee are subject to the compensation provisions of this division. [¶] (b) Where, at the time of the injury, the employee is performing service growing out of and incidental to his employment and is acting within the course of his employment. [¶] (c) Where the injury is proximately caused by the employment, either with or without negligence. [¶] (d) Where the injury is not caused by the intoxication of the injured employee. [¶] (e) Where the injury is not intentionally self-inflicted. [¶] (f) Where the employee has not willfully and deliberately caused his own death. [¶] (g) Where the injury does not arise out of an altercation in which the injured employee is the initial physical agressor."

The hearing judge and the WCAB found Laines v. Workmen's Comp. Appeals Bd. (1975) 48 Cal. App.3d 872 [122 Cal. Rptr. 139] dispositive of *162 the issues raised by Weitzman's claim. In Laines, an employee driving his motorcycle to keep an appointment with a physician for treatment of injuries sustained as a result of an industrial accident was injured when hit by a truck. The determination by the WCAB that the injury did not arise out of his employment was annulled by the Court of Appeal. The court pointed out that the employer had a statutory duty to furnish, and the employee had a statutory duty to submit to, medical examination and treatment. (§§ 4600, 4050, 4053, 4056.) "If the employee elects to stay at home rather than to venture out to such a medical examination treatment, he risks losing his right to seek compensation for his industrial injury under Labor Code sections 4053 and 4056." (Id., at p. 877.) The court held that where the injury arises out of a visit to a doctor based on mutual obligations as referred to above, the injury arose out of and in the course of employment within the meaning of section 3600.[2]

RTD contends that Laines is distinguishable in that here the medical release was not delivered pursuant to any statutory obligations. In this connection, RTD claims that the release could have been turned in any time during the 28th or 29th of September. RTD concludes that since there was no prescribed time for the release to be turned in and since section 4051[3] is not involved, Laines is not controlling.

(2) We begin by noting that judicial review of decisions of the WCAB on factual matters is limited to determining whether the decision, based on the entire record, is supported by substantial evidence (§ 5952, subd. (d); LeVesque v. Workmen's Comp. App. Bd. (1970) 1 Cal.3d 627 [83 Cal. Rptr. 208, 463 P.2d 432]). (1b) The record is somewhat ambiguous as to whether Weitzman was to bring in the release the day before he actually resumed work and whether he was released by the doctor to begin work on September 28, the day of the accident, or September 30. *163 The hearing judge found September 30 as the day appointed for his return. RTD concedes that there is evidence that Weitzman was given "a full release to return to work on September 30, 1976" by the attending physician. As to the time for presentation of the release, both RTD and the hearing judge make reference to deposition testimony by Weitzman that the release had to be presented at least one day prior to his return to work. We accept this view of the record. (See Estate of Kretschmer (1964) 232 Cal. App.2d 789, 790 [43 Cal. Rptr. 121]; 6 Witkin, Cal. Procedure (2d ed.) Appeal, § 428, p. 4394.)

In his treatise on workers' compensation, Larson notes that injuries suffered in the course of a journey to the doctor's office occasioned by a compensable injury are generally held compensable, whether or not the journey is immediately after the first injury occurs and without any showing that the first injury in some way contributed to the second.

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588 P.2d 806, 23 Cal. 3d 158, 151 Cal. Rptr. 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-cal-rapid-transit-dist-v-workerscomp-app-bd-cal-1979.