Garrett

The applicant seeks review and annulment of an order of the Workmen’s Compensation Appeals Board. We annul the order.

Upon Ms claim for workmen’s compensation the referee issued findings and award. He found that on December 28, 1965, while employed as a rubber cutter by the Goodyear Tire & Rubber Company, applicant sustained industrial injury to his back which caused temporary partial disability from December 29, 1965, through February 10,1967, and thereafter during which time applicant sustained a wage loss. Among the findings he expressly found the following: “Applicant reasonably, actually and necessarily incurred expense for medical treatment and medical-legal costs in the sum of $233, payable to Dr. Ronald Goldberg. ’ ’

Respondents, the employer and its insuirer, filed a petition for reconsideration. The prayer of their petition requested “that a finding be made that applicant is not entitled to any temporary disability indemnity in connection with the injury herein and is not entitled to self-procured medical expense as distinguished from medical legal expense.” (Italics added.)

The petition for reconsideration was granted. The referee’s findings and award were vacated…