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SMITH v. WORKMEN'S COMP. APP. BD.

Docket No. L.A. 29633.

71 Cal.2d 588 (1969)

455 P.2d 822

78 Cal. Rptr. 718

MARY M. SMITH, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, COUNTY OF LOS ANGELES et al., Respondents.

Supreme Court of California. In Bank.

July 2, 1969.

Attorney(s) appearing for the Case

Lemaire, Mohi, Morales, Dumas & Song and Gary Mohi for Petitioner.

Everett A. Corten, Sheldon M. Ziff, F.G. Loughrey, T. Groezinger, Loton Wells and A.C. Jones for Respondents.

MOSK, J.

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...

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