Legal Opinion
McCarty v. Workmen's Compensation Appeals Board
California Supreme Court
Decided October 30, 1974No. L.A. 30221PublishedCited by 38 opinions
1Opinion of the Court
Opinion
TOBRINER, J.
On his way from a Christmas party at his employer’s office, Daniel McCarty was killed when he drove into a railroad signal pole. Asserting that McCarty became intoxicated at the office party, and that this intoxication proximately caused the fatal accident, his wife applied for death benefits under Labor Code section 4702. The referee awarded the benefits, but the Workmen’s Compensation Appeals Board granted reconsideration and denied the award. We issued a writ of review.
We shall point out that although the insurer contends that the going and coming rule bars recovery,…
2Cases cited16 opinions
- Hinojosa v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
- Whiting-Mead Commercial Co. v. Indus. Accident Comm'nCalifornia Supreme Court · 1918
- California Casualty Indemnity Exchange v. Industrial Accident CommissionCalifornia Supreme Court · 1943
- Cal. Cas. Ind. Exch. v. Industrial Acc. Com.California Supreme Court · 1943
- Reinert v. Industrial Accident CommissionCalifornia Supreme Court · 1956
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Rodgers v. Kemper Construction Co.California Court of Appeal · 1975
- Ronald A. Baptist v. RobinsonCalifornia Court of Appeal · 2006
- Beauchesne v. David London & Co.Supreme Court of Rhode Island · 1977
- Therkildsen v. Fisher BeverageSouth Dakota Supreme Court · 1996
- John A. Concordia v. The United States Postal Service, an Executive Sub-Division of the United States of AmericaCourt of Appeals for the Fifth Circuit · 1978
33 more not listed; retrieve them via the Exa API.