Gillette

Petitioner seeks review of an order of the Workmen’s Compensation Appeals Board on reconsideration dated August 18, 1970. In that order the board found and held that applicant Robert R. Gillette “did not sustain injury arising out of and occurring in the course of his employment.” Applicant petitioned for review of that order upon the ground that the board in its original order granting reconsideration (dated March 20, 1970) lacked power to make such an order. We issued a writ of review and will annul the order. We concur with petitioner that the board had lacked power to grant the carrier’s petition for reconsideration of the referee’s original findings and award because that power was exercised contrary to the provisions of Labor Code section 5903, as construed by this court in Michon v. Workmen's Comp. App. Bd. (1971) 15 Cal.App.3d 917 [ 93 Cal.Rptr. 476 ] (hg. den.); also because the board erred in failing to make a finding negating the statutory presumption. (Lab. Code, § 3212.)

The original findings and award dated January 30, 1970, had found that petitioner, a fireman, “sustained a heart trouble injury arising out of and occurring in the course of his admitted…