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Case Name | Duthie v. WCAB, McDonnell Douglas Co. | |
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Date | 11/27/1978 | |
Note | Preexisting disability must occur at a definite, ascertainable time prior to industrial injury becoming P&S for legal apportionment. | |
Citation | 86 CA 3d 721, 43 CCC 1214 | |
WCC Citation | WCC 28441978 CA |
JOHN H. DUTHIE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, McDONNELL DOUGLAS COMPANY et al. , Respondents. OPINION TAMURA, Acting P. J. Petitioner filed a workers' compensation claim for a heart disability suffered while in the employment of McDonnell Douglas Company. He had been employed as an administrator by McDonnell Douglas for nine years, and had just received a notice of imminent layoff. His opinion was that petitioner's condition stemmed from aggravation of his hypertension by the stress and harassment of his job. Prior to the nine-year span of present employment with McDonnell Douglas, petitioner had worked for McDonnell Douglas' predecessor Douglas Aircraft from 1962 to 1963, when he was laid off because of cancellation of a missile project.
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