Liberty Mutual Insurance Co. v. Workers' Compensation Appeals Board

Petitioner Liberty Mutual Insurance Company (Liberty) seeks review of the summary denial by respondent Workers’ Compensation Appeals Board (Board) of Liberty’s petition to reopen the workers’ compensation award of respondent injured worker, Levon Aprahamian. We agree with Liberty that such summary denial was in error and accordingly annul the Board’s decision.

Summary of Appeals Board Proceedings

Aprahamian (hereinafter also applicant) on April 16, 1974, sustained injury to his spine arising out of and occurring in the course of his employment for Huck Manufacturing Company whose compensation insurance carrier is Liberty.

On August 12, 1976, the Board awarded applicant 78 percent permanent disability which is the sum of $31,167.50 payable at $70 per week for 445.25 weeks commencing February 24, 1975, and thereafter a life pension of $29.08 for the remainder of his life.

On April 16, 1979, Liberty filed a petition to reopen to reduce applicant’s permanent disability award. (Lab. Code, §§ 5803, 5804. ) In its petition to reopen Liberty alleged applicant’s “condition has changed since the Decision of August 12, 1976, in that his disability is substantially less than that…