Toohey

On April 20, 1972, the Workmen’s Compensation Appeals Board issued its award and findings that applicant sustained multiple injuries arising out of and occurring in the course of his employment and that applicant had sustained a permanent disability of 71 percent. The *100 applicant and the respondent employer both filed petitions for reconsideration: the applicant contended that the referee had failed to set forth all of the factors of disability as required by law, and that there was no substantial evidence to support the referee’s finding that applicant had sustained only a 71 percent permanent disability; the respondent employer contended that applicant’s injury did not arise out of and occur in the course and scope of his employment because he was crossing the street to obtain his lunch from his car on a paid beer break at the time he was injured. On July 6, 1972, the board issued an opinion and orders denying applicant’s petition for reconsideration and granting respondent’s petition; the board found that applicant did not sustain an injury arising out of and occurring in the course and scope of his employment.

Applicant petitions for a writ of review, contending:…