Mathews v. Workmen's Compensation Appeals Board

I dissent.

In 1952 Justice Carter wrote for this court: “‘That there is a natural repugnancy to help a guilty party is no excuse for relieving industry of a liability and placing it on the worker or charity . . . . It is the character and nature of the assault which determines whether it arises out of his employment, not the culpability or the lack of culpability of the parties involved. It is the assault itself which arises out of the employment; and who initiates the altercation has no bearing on that question ....’” (State Comp. Ins. Fund v. Ind. Acc. Com. (1952) 38 Cal.2d 659, 669 [242…