State Compensation Insurance Fund v. Workers' Compensation Appeals Board

William H. Hurley, a welder, in the course of his employment, April 30, 1959, to January 5, 1973, by Kauth Bros., Inc., suffered injuries on a cumulative basis, to his eyes, ears and lungs from exposure, respectively, from the heat and flashes of welding torches, the noises of the shop in which he worked, and the dust and fumes there inhaled by him. He filed separate applications with the Workers’ Compensation Appeals Board (hereafter Board) for each of the three described injuries.

From its “Schedule for Rating Permanent Disabilities” (see Lab. Code, § 4660), the Board made separate and permanent disability awards to Hurley for the injuries to his eyes (64 percent), his ears (15 percent) and his lungs (84 percent), for a total of 163 percent. He thus received awards of workers’ compensation 63 percent greater than is ordinarily allowed a totally and permanently disabled worker, according to Labor Code sections 4658 and 4659.

Hurley had contended, and the Board agreed, that on the authority of Labor Code section 4750, Smith v. Industrial Acc. Com. (1955) 44 Cal.2d 364 [ 282 P.2d 64 ] and Pacific Gas & Elec. Co. v. Ind. Acc. Com. (1954) 126 Cal.App.2d 554 [ 272 P.2d 818…