Shipley
Shipley v. Workers' Compensation Appeals Board
Opinion
Opinion
Wallin, J.
Marshall S. Shipley successfully petitioned this court for a writ of review of orders of the Workers’ Compensation Appeals Board overturning a compensation award and denying Shipley’s petition for reconsideration. We reverse the order denying the petition for reconsideration.
Facts
Shipley had been employed as a recreation supervisor for the City of Whittier for over 14 years when he filed his compensation claim. His duties included setting up equipment for recreational activities, preparing and marking athletic fields and moving furniture and pianos. He experienced intermittent back pain throughout the course of his employment, for which he received minimal medical treatment.
In September 1985, Shipley’s back pain increased and he was referred to Dr. Biscaro, an orthopedic surgeon, through his group health plan carrier. Biscaro’s examination revealed a herniated disc in the lumbar region of Shipley’s spine. Shipley subsequently underwent a lumbar laminotomy and excision of the disc performed by Biscaro.
Following surgery, Shipley filed his claim. His counsel referred him to Dr. Sharma, who concluded Shipley’s back problems were due to “continuous type of work…