Maher v. Workers' Compensation Appeals Board

Opinion

BIRD, C. J.

Is an employee entitled to compensation benefits for an injury sustained during treatment for a preexisting disease if the treatment is required as a condition of continued employment?

I

Petitioner, Carol Maher, obtained employment as a nurse’s assistant at the San Clemente General Hospital on April 20, 1979. By law, all prospective hospital employees are required to undergo a physical examination which includes a test for tuberculosis. (See Cal. Admin. Code, tit. 22, § 70723.j Maher’s examination took place on April 21, 1979. Two days later, the hospital’s…