CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order consolidating two workers' compensation cases. Defendant SCIF argued the WCAB lacked jurisdiction to consolidate a case settled over five years prior, as permitted by Labor Code Section 5804. The WCAB found SCIF was denied due process as it did not have an opportunity to present its position on consolidation before the order was issued, given its lack of involvement in the trial where consolidation occurred. The matter was returned to the trial level for further proceedings and a hearing on the consolidation issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order consolidating two workers' compensation cases. Defendant SCIF argued the WCAB lacked jurisdiction to consolidate a case settled over five years prior, as permitted by Labor Code Section 5804. The WCAB found SCIF was denied due process as it did not have an opportunity to present its position on consolidation before the order was issued, given its lack of involvement in the trial where consolidation occurred. The matter was returned to the trial level for further proceedings and a hearing on the consolidation issue.
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