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Case Name | Chambers v. WCAB | |
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Date | 11/14/1968 | |
Note | It is the employer's burden of proof to show the employee's knowledge. | |
Citation | 69 Cal.2d 556 | |
WCC Citation | WCC 31001968 CA |
Chambers, a machinist with a third grade education, was employed by an iron company from 1952 until early 1964. Chambers then consulted a Dr. Dickstein, who attributed the emphysema to his constant exposure to dust over a period of many years. *FN 5 Dr. Wasserman, who first diagnosed Chambers' condition, [69 Cal. 2d 562] advised him to stop smoking and he did so. Dr. Dickstein did not refer to cigarettes as a cause of emphysema or of Chambers' disability although his report shows that he was aware of the fact that Chambers had smoked for a number of years. The question is unclear since it cannot be ascertained whether the word "this" refers to Chambers' tiredness or to his emphysema.
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