MAHER v. WORKERS' COMP. APPEALS BD.

Docket No. L.A. 31640.

33 Cal.3d 729 (1983)

661 P.2d 1058

190 Cal. Rptr. 904

CAROL A. MAHER, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, SAN CLEMENTE GENERAL HOSPITAL et al., Respondents.

Supreme Court of California.

April 25, 1983.


Attorney(s) appearing for the Case

COUNSEL

Byhower & Petherbridge and Merle C. Rabine for Petitioner.

Zonni, Ginocchio & Taylor, Leonard J. Silberman, Richard A. Krimen, Michael J. Brodie, Arthur Hershenson, Fernando Da Silva and Robert J. La Porta for Respondents.

C. Gordon Taylor, Kegel, Tobin & Hamrick, David E. Lister and Stephan G. Thompson as Amici Curiae on behalf of Respondents.


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...

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