Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Claimant appeals from a decision of the Workmen's Compensation Board which found that there was no causally related change in claimant's condition since the case was previously closed on a lump sum nonschedule adjustment basis. Claimant suffered a back injury in the nature of a lumbosacral sprain in 1944. Payments of compensation were made until 1954 when claimant was found permanently partially disabled and a lump sum adjustment of $6,000 was approved and the case was closed. In 1958 claimant applied for a reopening on the ground of a change in condition, contending that a psychiatric condition had changed for the worse. The Referee reopened the case and made an award. The board reversed the Referee, finding that the evidence did not support a contention that the psychiatric condition was causally related to the accident. The board also recited in its memorandum of decision: "In our judgment, there has been no change in the claimant's condition since the case was closed on a lump sum non-schedule adjustment which can be attributable to the accident of record." Claimant's attorney asked for reconsideration, and the board reaffirmed its finding of fact. A great deal of conflicting medical evidence was presented. The record presents only questions of fact on which the board has passed twice, and in our view there is substantial evidence to support the findings. Decision unanimously affirmed, without costs.