Dill

Petitioner [applicant] seeks relief to set aside a Workmen’s Compensation Appeals Board decision after reconsideration wherein the board annulled an award of the referee increasing the applicant’s permanent disability from 65 percent to 100 percent.

In August 1961 the applicant, Arthur L. Dill, born June 19, 1907, suffered an injury to his head and neck, resulting in a serious neurosis, while employed as a delivery man by the Santa Monica Auto Parks, a copartnership, whose compensation carrier is the respondent Pacific Employers Insurance Company, a corporation.

In April 1965 he received a 65 percent permanent disability award. The board found that there was no basis for apportionment so the entire benefit was to be paid by Pacific Employers.

In August 1966 the applicant filed a petition to reopen, claiming he was 100 percent disabled as a result of the neurosis condition.

After several hearings, the referee issued findings and an award in October 1967 determining that the applicant was entitled to a 100 percent disability rating. The board granted the insurer’s petition for reconsideration, 1 and directed that an independent medical examiner be appointed to examine…