Moyer v. Workmen's Compensation Appeals Board

Opinion

SULLIVAN, J.

Petitioner James Moyer seeks review of a decision of respondent Workmen’s Compensation Appeals Board (Board) following reconsideration. The Board reversed the referee’s decision that petitioner’s permanent disability rating be determined as of the date of injury and concluded instead that since petitioner had participated in a rehabilitation program initiated by the employer under section 139.5 of the Labor Code, 1 his rating must be determined with reference to his age and occupation at the time such determination is made.

On February 27, 1968, petitioner, while employed as…