Knowles

Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board denying his petition to reopen a claim for a cumulative industrial heart injury from 1938 to May 24, 1964, in his employment as a deputy sheriff for the County of Los Angeles. He was originally denied compensation in this case on September 3, 1965, when the referee found that he had sustained no injury arising out of and occurring during the course of his employment. His petition for reconsideration was denied by the Industrial Accident Commission on October 25, 1965. No review was taken from that order of denial.

On May 14, 1968, petitioner filed a timely petition to reopen under section 5803 of the Labor Code alleging that the decision in Turner v. Workmen’s Comp. App. Bd. (1968) 258 Cal.App.2d 442 [ 65 Cal.Rptr. 825 ] and Bussa v. Workmen’s Comp. App. Bd. (1968) 259 Cal.App.2d 261 [ 66 Cal.Rptr. 204 ] had changed the substantive law of California on the issue of compensable injury and thus constituted good cause to reopen this matter on the theory that the original findings and award and the opinion and order denying reconsideration were based upon an erroneous interpretation of section…