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Case Name Gillette v. WCAB
Date 09/29/1971
Note Firefighter's heart attack determined within scope of employment.
Citation 20 Cal.App.3d 312, 36 CCC 570
WCC Citation WCC 25971971 CA
ROBERT R. GILLETTE, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CITY OF WOODLAND et al. , Respondents (Opinion by Pierce, J. , with Friedman, Acting P. J. , and Janes, J. , concurring. )In that order the board found and held that applicant Robert R. Gillette 'did not sustain injury arising out of and occurring in the course of his employment. 'Woodland's fire department, described as being 'medium-sized,' is one in which both regular firemen and the captain do actual fire fighting. In September, 1968, while engaged in extinguishing a garage fire, he had a severe chest pain and nausea upon finishing this activity. The Board found that the WCJ should not have included unemployment compensation in computing Applicant's TD during her off season.

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