CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision awarding 100% permanent disability to an applicant. The Board found that the administrative law judge erred by admitting evidence and making findings on injuries to the applicant's neck, back, and upper extremities, as these issues were not properly raised and stipulated at the pre-trial conference or trial. This denied the defendant due process by precluding their opportunity to present evidence on these claims. The Board rescinded the original decision and returned the case for further proceedings, requiring the judge to clearly state the reasons for any new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision awarding 100% permanent disability to an applicant. The Board found that the administrative law judge erred by admitting evidence and making findings on injuries to the applicant's neck, back, and upper extremities, as these issues were not properly raised and stipulated at the pre-trial conference or trial. This denied the defendant due process by precluding their opportunity to present evidence on these claims. The Board rescinded the original decision and returned the case for further proceedings, requiring the judge to clearly state the reasons for any new decision.
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