CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This action was taken because the defendant's due process rights were violated when the WCJ simultaneously issued findings and award with a recommended disability rating, preventing the defendant from objecting or requesting cross-examination of the rater. The Board determined that parties must be afforded the statutorily required seven days to object to a rating before a case is submitted for decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This action was taken because the defendant's due process rights were violated when the WCJ simultaneously issued findings and award with a recommended disability rating, preventing the defendant from objecting or requesting cross-examination of the rater. The Board determined that parties must be afforded the statutorily required seven days to object to a rating before a case is submitted for decision.
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