Toshi v. WCAB
Nazmi Toshi, an Albanian immigrant, hung himself from a tree one-half mile south of the Freeport Bridge in Sacramento. Workers compensation benefits for his four children and their mother depend on whether at the time of the hanging he was acting under an irresistible impulse caused by his industrial back injury. One expert opined he was, but the other expert concluded that his recent incarcerations for domestic violence, the deteriorating relationship with his wife, his brothers illness, his problems with a daughter he had fathered in Germany, his alcoholism, and his inability to be with his children, rather than an irresistible impulse caused by the industrial accident, resulted in the suicide. Because there is substantial evidence to support the finding by the Workers Compensation Appeals Board (Board) that the decedents suicide was not the result of an irresistible impulse caused by an industrial injury, Court affirm.
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