Collins

*620 Opinion

Petitioner Collins seeks review of the appeals board’s opinion and order denying reconsideration of a referee’s decision which found:

Petitioner contends primarily that the referee’s decision severing the results of the industrial injury from those flowing from the nonindustrial injury is improper in that it is not supported by substantial evidence. Review of the materials upon which the referee’s decision was based supports petitioner’s position and requires annulment of the board’s order. Petitioner also contends that the board’s order denying reconsideration is improper in that the board failed to set forth its decision in the manner required by Labor Code section 5908.5 but merely stated that its decision was based on the reasons given in the referee’s report which it adopted and incorporated. In view of the conclusions on the first point, we do not reach the second. We note, however, the recent decision of our Supreme Court in LeVesque v. Workmen's Comp. App. Bd. (1970) 1 Cal.3d 627 [ 83 Cal.Rptr. 208 , 463 P.2d 432 ] holding (at p. 633 et seq.) that the appeals board may deny a petition for reconsideration by memorandum order incorporating the report of the…