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The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a due process violation. The defendant was denied the opportunity to cross-examine the Disability Evaluation Unit rater after objecting to their rating, which is a procedural due process right. Consequently, the Board rescinded the prior award and returned the case to the trial level for further proceedings, including the opportunity for cross-examination. The Board noted that a new WCJ would need to be assigned due to the original judge's retirement.
HARRY P. WINSTON vs. CITY OF LOS ANGELES, Permissibly Self-Insured is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a due process violation. The defendant was denied the opportunity to cross-examine the Disability Evaluation Unit rater after objecting to their rating, which is a procedural due process right. Consequently, the Board rescinded the prior award and returned the case to the trial level for further proceedings, including the opportunity for cross-examination. The Board noted that a new WCJ would need to be assigned due to the original judge's retirement.
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