Jardine

The instant petition for a writ of review to annul the Workers’ Compensation Appeals Board’s (hereafter Board or WCAB) opinion and decision arises in the following factual context, which we summarize as necessary to our opinion.

On February 7, 1979, Jardine, a man of 58, sustained serious injuries in the course of his employment with J & K Equipment Co., when a loader rolled over him and crushed his body. His injuries included extensive damage to the chest, abdomen and pelvis, and brain surgery was required in order to relieve pressure for a bilateral frontal subdural hematoma. In the course of his physical recuperation, he developed psychological and emotional problems.

On September 12, 1979, he filed an “Application for Adjudication of Claim” against J & K Equipment. J & K’s insurance carrier, Fremont Indemnity Company (Fremont), meanwhile provided Jardine with temporary total disability benefits at the rate of $154 weekly.

But on June 1, 1981, based upon medical reports that Jardine’s condition had stabilized, Fremont reduced its payment to $70 per week. A dispute arose between the parties: was Jardine merely “permanently partially disabled”—and entitled to $70 per…