Berg v. Lucky Markets

In Berg v. Lucky Markets (1968) 33 Cal.Comp. Cases 607, the employee sustained injury to his nervous system consisting of an aggravation of a preexisting psychiatric condition while employed as a retail liquor salesman after he was interrogated by the store manager and a security guard for the alleged theft of money from the employer. During the interrogation the employee did admit to the store manager that he stole money but before the appeals board he maintained such admission was only under duress. Reversing the trial referee, the Board held the injury noncompensable under the Workers' Compensation Act on the basis that as the employee did, in fact, steal money from the employer his injury was not incidental to his employment but a consequence of his criminal conduct.