Calhoun

The sole issue presented herein is whether the Workers’ Compensation Appeals Board properly apportioned part of the petitioner’s overall hypertension and cardiac disability to nonindustrial causes.

I

Petitioner, Rufus V. Calhoun, (hereinafter applicant) sustained an injury resulting in hypertension and cardiac disability arising out of and occurring in the course of his employment as a heavy equipment opera tor for respondent, City of Los Angeles, during the period April 1, 1961 through October 29, 1971. There is no dispute that the applicant sustained industrial cumulative injury as a result of his employment. There is also no dispute that the applicant’s overall disability is 77 percent permanent disability.

The workers’ compensation judge apportioned 70 percent of the applicant’s disability to nonindustrial causes, which resulted in a permanent partial disability rating of 23 percent. The judge based his finding of 70 percent nonindustrial apportionment upon the report of the agreed medical examiner, Morton Kritzer, M.D., dated December 31, 1977.

In his original report dated November. 12, 1974, Dr. Kritzer stated, with regard to disability and apportionment: "... I…