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Case Name | Toohey v. WCAB | |
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Date | 05/04/1973 | |
Note | Because act of leaving for lunch was tolerated, injury while off premises is compensable. | |
Citation | 32 Cal. App. 3d 98 | |
WCC Citation | WCC 30551973 CA |
No. 40762 May 4, 1973 THOMAS R. TOOHEY, SR. , PETITIONER, v. WORKMEN'S COMPENSATION APPEALS BOARD AND PABST BREWING COMPANY, RESPONDENTS Brundage & Roseman and Harvey Reichard for Petitioner. On the date of his injury, petitioner was employed by the Pabst Brewing Company. He prepared the bulletin which stated: "Any employee leaving his job during working hours must obtain permission from his supervisor. The consideration that apparently concerned the board is that Toohey left the premises and incurred a type of risk that was not inherent in his work as a bottler. In the present case, the evidence is that the acts of Toohey, although not encouraged, would be tolerated.
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