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| Case Name | Gold v. City of San Diego | |
|---|---|---|
| Date | 09/03/2009 | |
| Note | [Unpublished] Because there is no requirement that a preexisting injury be documented in a written report to qualify it as service connected, and based on the showing that claimant's 2005 injury was an aggravation of a preexisting back condition that was work related and not the result of a congenital condition, claimant is entitled to the industrial leave benefit. | |
| Citation | D053367 | |
| WCC Citation | WCC 35602009 CA |
This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA STEVEN GOLD, Plaintiff and Respondent, v. CITY OF SAN DIEGO, Defendant and Appellant. Ct. No. No. 37-2007-00073294-CU-WM-CTL) APPEAL from an order of the Superior Court of San Diego County, Joan M. Lewis, Judge. The City of San Diego (City) denied city employee Steven Gold's request for an industrial leave benefit after he injured his back on the job. Background Gold has been employed by the City as a deputy city attorney since 1988. In opposition, the City asserted the hearing officer properly rejected Gold's claim because Gold never filed a written report for the 1992 injury.
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