Hulbert

On the petition of Raymond S. Hulbert, we review a partial permanent disability award granted him by the Workmen's Compensation Appeals Board.

(1a) Hulbert was employed as a telephone equipment repairman. Around 1951 he was subjected to a laminectomy of the lower back. The operational result was "good." About five months later he returned to his employment where he performed "his regular work without restrictions" for about 20 years. He had "no problems climbing the ladders or doing his work." During that period he "did not lose any time from work," nor did he "require medical care." He did "the same work as any other man," and "in addition, he built a three-bedroom house in his spare time." He did, however, during the 20-year period, have "occasional mild episodes of low back pain," but it was "not disabling."

In 1971 Hulbert suffered an industrial injury. Following appropriate proceedings the respondent board found him to have a 30 percent partial permanent disability. Then, ostensibly applying Labor Code section 4750, the board "apportioned" out five-sixths of that disability as existing prior to the 1971 injury. A workmen's compensation award then…