Avila

After the Workmen’s Compensation Appeals Board denied reconsideration, we granted the injured employee’s petition to review a permanent disability award.

The referee’s formal findings declared that the. occupational accident “caused IAV2 % permanent disability after apportionment.” The findings did not specify the existence, kind or extent of disability attributable to a preexisting physical condition; did not fix the extent of combined disability after the accident; left these matters to inference drawn from the phrase “after apportionment” From the referee’s opinion and from his report to the appeals board it is plain that he found a combined permanent disability, of which he ascribed 80 percent to a preexisting, disabling, nonindustrial condition and 20 percent to the compensable injury. We draw the inference that the applicant’s combined, permanent disability rating is 100/20ths of the IAV2 percent compensable disability, i.e., HV2 percent. We have confirmed this inference by studying the report and transcribed testimony of the rating specialist.

Before the accident Mr. Avila, the applicant, had a permanent deformity of the right hip and leg as the result of an…