Dickow

In this proceeding we issued a writ of review upon petitioner’s petition seeking to have us inquire into and determine the lawfulness of respondent board’s findings and award and order denying his petition for reconsideration.

Petitioner was employed by Pacific Greyhound Lines, the real party, and its successor, as a service mechanic from January 29, 1951, through April 7, 1954. During that time petitioner was exposed to dust and foreign matter the inhalation of which was found to have caused him to develop a lung disease ultimately resulting in his becoming totally and permanently disabled on October 10, 1960.

On October 21, 1960, petitioner filed with respondent board his application for workmen’s compensation benefits. Petitioner was found to be totally and permanently disabled as of October 10, 1960, and was provided benefits accordingly. The decision applied the benefit schedule which existed in section 4453 of the Labor Code in 1954 when petitioner terminated his employment with real party. Petitioner filed a petition for reconsideration contending that the referee should have applied the benefit schedule applicable as of October 10, 1960, the date he became…