CompFox AI Summary
The applicant sought reconsideration of a WCJ's decision that denied her motion to strike a permanent disability rating and denied her request for cross-examination of the rater. The Appeals Board granted reconsideration, finding that the applicant was improperly denied her due process right to cross-examine the rater. The Board rescinded the WCJ's decision and returned the case to the trial level for a new WCJ to conduct further proceedings and issue a new decision, allowing consideration of the applicant's other contentions. This procedural error regarding the cross-examination right necessitated the remand.
Full Decision Text1 Pages
The applicant sought reconsideration of a WCJ's decision that denied her motion to strike a permanent disability rating and denied her request for cross-examination of the rater. The Appeals Board granted reconsideration, finding that the applicant was improperly denied her due process right to cross-examine the rater. The Board rescinded the WCJ's decision and returned the case to the trial level for a new WCJ to conduct further proceedings and issue a new decision, allowing consideration of the applicant's other contentions. This procedural error regarding the cross-examination right necessitated the remand.
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