CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a Minute Order that denied joinder of a prior employer and summarily determined a single cumulative trauma injury. The Board found that the WCJ erred by prematurely deciding the nature of the injury without providing the defendant an opportunity to present evidence, thus violating due process. Determining whether there were one or two injuries is a substantive issue requiring findings based on evidence. The matter is returned to the trial level for further proceedings and a new decision after proper submission of evidence and argument.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a Minute Order that denied joinder of a prior employer and summarily determined a single cumulative trauma injury. The Board found that the WCJ erred by prematurely deciding the nature of the injury without providing the defendant an opportunity to present evidence, thus violating due process. Determining whether there were one or two injuries is a substantive issue requiring findings based on evidence. The matter is returned to the trial level for further proceedings and a new decision after proper submission of evidence and argument.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.