Draper

Petitioner, Jerry Draper, seeks review and annulment of the Workers’ Compensation Appeals Board’s decision after reconsideration finding that petitioner did not sustain new and further permanent disability subsequent to a stipulated award.

Petitioner and applicant, Jerry Draper, sustained an admitted industrial injury to his heart due to his employment with respondent, Department of Corrections, over the period December 9, 1963, to July 10, 1975.

The report of Dr. Travis Winsor dated November 4, 1975, stated that subsequent to applicant’s two heart attacks of June 27, 1974, and July 10, 1975, the applicant “has become permanently disabled from working.” On December 15, 1975, an informal disability rating issued giving applicant a 100 percent permanent disability rating based on Dr. Winsor’s report. On January 27, 1976, Dr. Winsor stated: “It is possible that this patient will naturally regain some strength and then possibly perform some sedentary activity. He would fall into category 8 [disability resulting in limitation to sedentary work].’’

At the hearing on March 24, 1976, the parties entered into stipulated facts, including that the applicant’s condition became…