Rivera v. Workers' Compensation Appeals Board

FLEMING, Acting P. J., Dissenting.

The critical issue here is whether at the time of the accident decedent was engaged in his employer’s business within the meaning of the Workers’ Compensation Act and therefore entitled to death benefits. Proper resolution of this issue requires a fuller statement of fact than that given in the majority opinion.

Decedent, a member of the millwright union, was engaged with members of other craft unions in the construction of a federal post office building in Bell. The job site, bounded on the south by Bandini Avenue and on the east by Eastern Avenue, had…