Opinion

Ballard v. Workmen's Compensation Appeals Board

  • 3 Cal. 3d 832
  • 92 Cal. Rptr. 1
  • 478 P.2d 937
  • 36 Cal. Comp. Cases 34
  • 1971 Cal. LEXIS 373
Court
California Supreme Court
Filed
Jan 15, 1971
Status
Published
Author
Wright
On the bench
Peters, Wright, McComb
Cited by
32 cases

prescriptions not great enough to cause addiction, but due in part to claimant’s personality problems, she took additional drugs and became addicted

How later courts described this case

  • prescriptions not great enough to cause addiction, but due in part to claimant’s personality problems, she took additional drugs and became addicted

Written by the judges who cited it.

The opinion

WRIGHT, C. J.

I concur for the reason that there is no evidence that the prescribed medication was not a causative factor of petitioner’s disability and for the further reason that the referee’s finding that the disability would have resulted even in the absence of the industrial injury and the prescribed medication is not supported by substantial evidence. Dr. Malitz’s reports upon which the referee based his decision conclude that the psychic stress associated with petitioner’s injury was not a “causative factor” and that the prescribed medication was insufficient to cause drug habituation or addiction. In addition the reports state that petitioner’s preexisting personality disorder “has apparently resulted in excessive use and abuse of medicines” and that it would be “inaccurate and unfair to blame [petitioner’s] doctors for a manifestation of her pre-existing personality disorder.” From this last statement it cannot be concluded that petitioner’s disability is only a manifestation of her personality disorder and that the prescribed medication did not contribute to her addiction. Thus, there is no indication in Dr. Malitz’s re *840 ports that the disability would have occurred in the absence of the injury or the prescribed medication or that the prescribed medication did not contribute to the disability. As there is no evidence that the injury and treatment were not causative factors of petitioner’s addiction, I concur in the remand to the Workmen’s Compensation Appeals Board for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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