Selden

Petitioner Michael Selden seeks review of an order of respondent Workers’ Compensation Appeals Board (Board) denying reconsideration of its decision ordering denial of a petition to reopen the case on the issue of permanent disability. We conclude that the Board correctly denied the petition to reopen.

Procedural History

It is undisputed that applicant sustained cumulative industrial injury in the September 24, 1969, to September 1, 1975, period of his employment as a parole agent by respondent Department of Corrections (Employer), legally uninsured.

In March 1976 the workers’ compensation judge (WCJ) found that applicant sustained heart injury in said employment period, resulting in temporary total disability and need for further medical treatment. In September 1977 the WCJ found that applicant sustained 68 percent permanent disability from the heart injury, and reserved jurisdiction of applicant’s claim for industrial psychiatric injury.

When the matter was rescheduled for hearing as to psychiatric disability, evidence received included a March 1977 report by psychiatrist Dr. Sosner that applicant had moderate psychiatric symptomatology precluding occupations…

I respectfully dissent. In its petition, respondent1 asked the board to “redetermine the permanent disability of the applicant as it presently exists.” The fact that respondent hoped and believed that the *885 evidence would justify a reduction does not make a reduction one issue and an increase an additional issue.

If a hearing to “redetermine the permanent disability as it presently exists” involves two separate issues (1) should there be a reduction or (2) should there be an increase, then the majority opinion is correct and petitioner was required to raise the increase issue as an additional issue pursuant to section 5804. 2 I see the issue before the workers’ compensation judge as the single issue: What is the presently existing permanent disability? Based on the evidence it could be either higher or lower than the initial level. The workers’ compensation judge found the presently existing permanent disability to be 100 percent and the evidence supports that finding.

Respondent wanted petitioner’s permanent disability redetermined “as it presently exists.” That is what respondent asked for and that is what it got. Petitioner did not raise an issue in addition to the…