Ascough

Ascough v. Workmen's Compensation Appeals Board

Good Law
1971 Cal. App. LEXIS 1069·21 Cal. App. 3d 248·98 Cal. Rptr. 357·36 Cal. Comp. Cases 703
Court of Appeal of CaliforniaNovember 16, 1971Civ. 37932California4,978 words

Opinion

Opinion

Aiso, J.

Petitioner Joyce E. Ascough also known as Joyce E. Federow seeks review and annulment of the opinion and decision after reconsideration of the Workmen’s Compensation Appeals Board (Board) which reduced her permanent disability to A6V2 percent from the 100 percent found by the referee.

Petitioner, then a 27-year old secretary, tipped over backwards in her swivel chair while at work on March 27, 1963, striking the floor forcefully and suffering a cerebral concussion, sprains to her spine in the cervical, thoracic, and lumbar areas, together with subsequent headaches, vertigo, and faintings (some of which were found by various doctors to be subjective complaints not discoverable nor verified by objective findings). Temporary disability for the maximum of 240 weeks and costs of medical treatment, including a disectomy and fusion of the cervical spine, were awarded and paid.

On December 11, 1969, the referee issued findings and award for 100 percent permanent disability (including a fife pension) and further medical treatment. Defendants (employer and insurance carrier) petitioned for a rehearing contending that applicant was not 100 percent disabled and re questing an…

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