Jones

We granted petitioner Leander Leroy Jones’ application for a writ of review to consider his contention that, in overturning the referee’s award in his favor, the Workmen’s Compensation Appeals Board (hereinafter called W.C.A.B.) acted without substantial evidence in the record to support its determination. We hold that no probative evidence supports the W.C.A.B.’s decision, and it must therefore be annulled.

In 1961 petitioner, a garbage collector, sustained a severe back injury in the process of lifting a 50-gallon trash barrel. In its initial decision, issued upon reconsideration on November 10, 1965, the W.C.A.B. found that petitioner had suffered a 42 percent disability. At that time petitioner also claimed a traumatic psychoneurosis but his purported disability in that regard was not then sustained.

On November 30, 1965, petitioner was committed to the Patton State Hospital for the mentally ill. On December 22, 1965, petitioner instituted the present action, raising the issue of a new and further disability based on mental illness growing out of and attributable to his injury. The case was reopened, new evidence was received, and the referee issued his award on February 14,…