Sully-Miller Contracting Co. v. Workers' Compensation Appeals Board

Petitioner Sully-Miller Contracting Company (Sully-Miller) seeks review of the decision of the respondent Workers’ Compensation Appeals Board (Board) wherein the Board denied the petition by Sully-Miller to reopen to reduce the workers’ compensation permanent disability indemnity award to respondent injured employee, Harold A. Sommer. We conclude the Board erred in denying Sully-Miller’s petition to reopen.

Proceedings Before Appeals Board

Sommer (hereinafter also applicant) while employed as a heavy duty equipment operator by Sully-Miller during the period January 1973 through August 26, 1976, sustained injury arising out of and occurring in the course of said employment to his pulmonary system in the form of coccidioidomycosis granuloma (commonly called San Joaquin Valley Fever).

Sully-Miller voluntarily provided medical care and temporary disability benefits. Sommer was on temporary disability for approximately six months. During the course of medical treatment for the industrial injury herein, Sommer underwent a left tube thoracostomy; in this operation a catheter was temporarily inserted into the pleural cavity through a small skin incision in order to drain off…