Moyer

Petitioner (hereinafter Applicant) seeks review of an order of the Workmen’s Compensation Appeals Board (hereinafter Board) denying reconsideration' of a referee’s order denying recovery of compensation from the Subsequent Injuries Fund (hereinafter Fund).

Procedural Facts

On September 5, 1969, Applicant made application for workmen’s compensation benefits from his employer, alleging an industrial injury to his heart on October 18, 1968. On December 24, 1969, Applicant, his employer and its insurance carrier filed a compromise and release dated' December 18, 1969, proposing to settle Applicant’s claim for $12,000. The compromise and release recited that it was made “[d]ue to the contested issues herein, namely, nature, extent and duration of disability, apportionment, prejudice for lack of notice, injury AOE/COE, and in order to avoid the hazards, delays and uncertainties of further litigation . . . .” On January 12, 1970, the compromise and release was approved by order of the Board.

Meanwhile, on November 14, 1969, Applicant filed an. application for additional benefits from the Subsequent Injuries Fund pursuant to Labor Code, sections 4751 through 4755. It was…