Morgan
Morgan v. Workers' Compensation Appeals Board
Opinion
Opinion
Allport, J.
Petitioner John T. Morgan contends the board and the permanent disability specialist erred in the manner in which they rated the multiple factors of disability from his industrial injury. We hold that the board needs to consider the question further. Accordingly, we annul the present award and remand the matter to the board.
I
Proceedings Before the Appeals Board
Morgan, while employed from November 1, 1946, through April 30, 1974, as a police sergeant by respondent City of Santa Monica, whose workers’ compensation insurance carrier was respondent State Compensation Insurance Fund (State Fund), sustained an injury arising out of and occurring in the course of his employment causing hypertension, peptic ulcer, hepatitis,'gastrointestinal bleeding and hernia. On May 11, 1976, a findings and award issued finding permanent disability in the amount of 74 percent.
On March 29, 1977, Morgan filed a petition to reopen his claim, alleging new and further disability. (See Lab. Code, §§ 5410, 5803, 5804.) On the petition to reopen, the judge found good cause to reopen and directed the following description of the factors of Morgan’s permanent disability to the Disability…