Smith v. Workers' Compensation Appeals Board

Opinion

HANSON (P. D.), J.

Petitioner Cheryl J. Smith, widow of Eddie G. Smith, seeks review of a decision of the Workers’ Compensation Appeals Board (WCAB) denying reconsideration of petitioner’s claim for ' death benefits and burial expenses; the decision adopted and incorporated the report of the workers’ compensation judge disallowing benefits on the ground that the decedent was intoxicated at the time of the accident and the intoxication was the proximate cause of death.

Eddie G. Smith, employed by Ed Smith Welding of Bakersfield, California, died February 20, 1979, in an automobile…