Legal Opinion

McAllister v. Workmen's Compensation Appeals Board

California Supreme Court

Decided October 4, 1968No. S. F. 22601PublishedCited by 67 opinions

1Opinion of the CourtTobriner, J.

Petitioner seeks review of the appeals board's decision after reconsideration in which the board held that the death of petitioner’s husband did not arise out of his employment, We conclude that, since the board's decision lacks the support of substantial evidence and involves errors of law, it cannot stand.

Petitioner’s husband, Arthur McAllister, worked for the San Francisco Fire Department for 32 years beginning in 1934. On October 31, 1966, Mr. McAllister died of lung cancer. Subsequently Mrs. McAllister filed this application for death benefits and burial expenses, alleging that smoke…

2Cases cited17 opinions

  1. Pacific Employers Insurance v. Industrial Accident CommissionCalifornia Supreme Court · 1942
  2. Cantrell v. Board of SupervisorsCalifornia Court of Appeal · 1948
  3. Employers Mutual Liability Insurance Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1953
  4. Independence Indemnity Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1935
  5. Pac. Emp. Ins. Co. v. Industrial Acc. Com.California Supreme Court · 1942

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3Cited by67 opinions

  1. Rutledge v. Tultex Corp./Kings YarnSupreme Court of North Carolina · 1983
  2. LeVesque v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  3. Garza v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  4. Lamb v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1974
  5. Braewood Convalescent Hospital v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1983

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