Home/Case Law/Diane Martinez vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured
Regular DecisionReconsideration

Diane Martinez vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured

Filed: Dec 05, 2008
ADJ1055189 (VNO 0384673) ADJ1713367 (VNO 0396399)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded an arbitrator's award of weight loss treatment, attendant care, and household assistance. The Board found the arbitrator erred by conducting an independent investigation without notice to the parties and by failing to provide an adequate record, including a summary of evidence. The case is remanded for further proceedings before a new arbitrator or judge to ensure a proper evidentiary record supports any future award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded an arbitrator's award of weight loss treatment, attendant care, and household assistance. The Board found the arbitrator erred by conducting an independent investigation without notice to the parties and by failing to provide an adequate record, including a summary of evidence. The case is remanded for further proceedings before a new arbitrator or judge to ensure a proper evidentiary record supports any future award.

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