Dow Chemical Co. v. Workmen's Comp. App. Bd

In Dow Chemical Co. v. Workmen's Comp. App. Bd. (1967) 67 Cal.2d 483, the injured sustained industrial injuries in 1960, 1961, and a cumulative trauma injury from 1946 to August 1960. The three injuries resulted in a total of 75 percent permanent disability. The referee awarded 7 1/2 percent permanent disability for the 1960 injury and the same for the 1961 injury; for the cumulative trauma injury the referee awarded 60 percent. The 1960 and 1961 injuries became final as no party sought reconsideration; the parties did seek reconsideration on the cumulative trauma claim. The Board on reconsideration awarded 75 percent permanent disability for the cumulative trauma injury, concluding that the permanent disability attributed by the referee to the 1960 and 1961 injuries should be included in the cumulative trauma injury as such injuries were merely a part of the cumulative trauma injury. The court annulled the Board's decision on reconsideration as the modification of the awards in the 1960 and 1961 injuries constituted a failure to give res judicata effect to the final awards for those two injuries. In Dow Chemical Co. the Board thus improperly attempted to rescind the final awards for the 1960 and 1961 injuries by saying they were incorrect.