CompFox AI Summary
The WCAB granted reconsideration and rescinded a decision finding a workers' compensation claim moot. The WCJ incorrectly determined the issue of industrial injury was moot upon the employee's death, overlooking Labor Code section 4700 which preserves employer liability. The Board found this premature determination deprived parties of due process, as entitlement to benefits was not litigated. The case is returned for further proceedings and a new decision on whether the injury arose out of and occurred in the course of employment.
Full Decision Text1 Pages
The WCAB granted reconsideration and rescinded a decision finding a workers' compensation claim moot. The WCJ incorrectly determined the issue of industrial injury was moot upon the employee's death, overlooking Labor Code section 4700 which preserves employer liability. The Board found this premature determination deprived parties of due process, as entitlement to benefits was not litigated. The case is returned for further proceedings and a new decision on whether the injury arose out of and occurred in the course of employment.
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