Holcomb v. Workmen's Compensation Appeals Board

McCOY, J. pro tem.

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This is a proceeding to review and annul the decision of the Workmen’s Compensation Appeals Board denying applicant’s petition for reconsideration of the findings and award of the referee.

On May 5, 1965, an award issued on petitioner’s application for workmen’s compensation benefits based on a finding by a referee that applicant had sustained cumulative industrial injury to her lungs from April 1, 1963, to September 26, 1964, as a result of exposure to irritating chemicals and fumes while employed as a manager of a self-service cleaning establishment. She was awarded temporary disability benefits and reimbursement for previously self-procured medical treatment. When the referee made that award he made an express finding that there was no evidence on file of permanent disability at that time. On October 31, 1966, a petition to reopen based on a claim that the exposure caused eye injury was denied.

On June 15, 1967, applicant again petitioned to reopen, alleging that her lung condition had become worse and that she had sustained new and further disability. On January 23, 1968, this petition was granted. After a hearing and the receipt of certain medical reports, the referee found that applicant sustained permanent disability on account of the injury of 45 percent after apportionment and made an award for permanent disability. The referee found, however, that further medical treatment to cure or relieve from the effects of

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this injury is not required and that the applicant is not entitled to reimbursement for the expenses of her self-procured medical treatment. Applicant petitioned for reconsideration of the need for further medical treatment and reimbursement for medical treatment procured after May 6, 1967. This petition was denied and she now seeks review of the order denying reconsideration.

The report of the referee on the petition for reconsideration states [Exh. J to Ptn.] that, in denying these benefits, “the Referee weighed all of the evidence in the record but was primarily motivated by the opinion of the Agreed Medical Examiner, Morton Kritzer, M. D., as set forth in his report dated September 9, 1967.” The board’s opinion and order denying reconsideration states [Exh. A to Ptn.]': “We have carefully reviewed the record in this matter. Applicant was awarded permanent disability of 45 percent, which we consider very liberal. Prom a review of the file we find insufficient any contention that it would be less. However, we find from the evidence in the record, including the eleven-page report of the Independent Medical Examiner of September 9, 1967, that the only medical treatment that applicant requires is for a pre-existing non-industrial condition and does not need further medical treatment to cure or relieve from the effects of her injury. ’ ’