While performing duties for her employer, Lillian A. Schick was killed by her former husband. The employer manufactured tablepads and decedent’s job was to measure the tables of the retail outlet customers. Using an assumed name, Mrs. Schick’s former husband formulated and elaborate ruse whereby Mrs. Schick was sent to measure his table. Upon her arriving at his apartment he killed her and committed suicide. The referee of the Workmen’s Compensation Appeals Board issued a take nothing award, finding that injury and death did not arise out of the employment. On petition for reconsideration, the Workmen’s Compensation Appeals Board awarded compensation finding that the employment did contribute to the death by placing decedent in an isolated location and thereby facilitating the assault. The Court of Appeal annulled the award, accepting petitioner’s contention that the injury and death were caused by an assault originating in a personal dispute and thus could not arise out of the employment relationship. The Workmen’s Compensation Appeals Board’s petition for a hearing before the California Supreme Court was granted. Held, affirmed: Mrs. Schick’s duties placed her in an isolated location, which facilitated and thus contributed to her death. California Compensation and Fire Co. v. Workmen’s Compensation and Appeals Board, 68 Adv. Cal. 155, 436 P.2d 67, 65 Cal. Rptr. 155 (1968).
Steven E. Briggs,
Workmen's Compensation: Recovery under the Positional Risk Doctrine for Personally Motivated Assaults,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol6/iss1/8