Mathews v. Workmen's Compensation Appeals Board

Opinion

SULLIVAN, J.

As a result of wounds received at work in a fight with a co-employee, Halfred C. Mathews died on December 3, 1969. His widow’s *724peition for review of the decision of the Workmen’s Compensation Appeals Board (Board) denying compensation presents to us the deceptively simple question whether Labor Code section 3600, subdivision (g),1 which bars an “initial physical aggressor” from benefits, is consonant with section 21, article XX.of the California Constitution.2 We have concluded that the state Constitution does not prohibit the Legislature from conditioning the right *725to…