Luchini

Petitioner seeks review and annulment of an award of permanent disability indemnity, issued by the Workmen’s Compensation Appeals Board on reconsideration of a referee’s decision, The board refused to incorporate, as factors of permanent disability, certain work restrictions recommended by the medical experts. The ground relied on by the board was that the restrictions were “prophylactic” in nature, designed only to avoid further injury and were not restrictions imposed “by reason of” his disability. We disagree.

On June 11, 1964, petitioner, an electrician, sustained a compound fracture of the right leg just above the ankle when a ladder on which he was working collapsed. In November of 1965 he received a bone graft. Medical experts agree that, as a result of the industrial injury, petitioner has permanent disability comprised of shortening of the right leg, atrophy of the thigh and calf muscles of the right leg, limitation of motion in the low back, ankle joint and right foot which require use of a lumbosacral support and heel lift on the right shoe, and increasing pain in the low back and right leg on increasing activity.

Each of the several medical experts who…