State Compensation Insurance Fund v. Workmen's Compensation Appeals Board

Petitioner seeks annulment of an award of workmen’s compensation benefits to an employee of its insured. As will appear, we have concluded that contrary to petitioner’s contention the evidence supports the determination that the injury arose out of and was incurred in the course of the employment, and hence was compensable.

John R. Cardoza, then aged 23, entered the employment of Poso Canal Company on March 17, 1964, as a mechanic. On July 18, 1964, he and three fellow employees decided to swim in a nearby canal owned by another company. It was 105 degrees in the shade, some 109 or 110 degrees…