Smith v. Workmen's Compensation Appeals Board

Otis S. Smith died at the age of 45 on November 24, 1967, as the result of congestive heart failure. The Workmen’s Compensation Appeals Board (hereinafter the board) determined that his injury did not arise out of his employment and that therefore his widow was not entitled to death benefits. She contends in this proceeding that the board erred in its determination because the evidence before it compels the conclusion that Smith’s heart disease was aggravated by his work.

From October 16, 1957, until July 15, 1964, Smith was actively employed as a tree laborer. This work required him to…