Franklin

Cecelia L. Franklin, born November 29, 1938, sustained a cumulative trauma injury to her heart, arising out of and occurring in the course of her employment from January 2, 1957, through November 17, 1973, while employed as a registered nurse and attendant by the County of Los Angeles/University of Southern California Medical Center (County). Franklin sustained a myocardial infarct on November 17, 1973.

On reconsideration the Workers’ Compensation Appeals Board (Board) found that Franklin’s heart disability established a 79 rating. The Board also found that one-half of Franklin’s disability preexisted her industrial injuiy. Accordingly, the Board awarded 39'A percent disability against County, her employer, and also awarded Franklin benefits against the Subsequent Injuries Fund (Lab. Code, § 4751 et seq.)

Franklin contends that there should be no apportionment and that all the disability related to her heart condition is the liability of her employer. She argues that the present apportionment is not based upon proper “legal” theories but rather upon “medical” theories which do not rest upon the legal principles of apportionment. Franklin asserts that if there is apportionment,…