Home/Case Law/JOSE NUNO vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES
Regular DecisionReconsideration

JOSE NUNO vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

Filed: Dec 08, 2020
Redding
ADJ11326733

CompFox AI Summary

The Appeals Board granted reconsideration and rescinded the original decision, which had denied the applicant's claim for a cumulative psychiatric injury. The applicant argued the original finding should be amended to reflect a specific psychiatric injury on March 18, 2018, supported by medical evidence. The Board found the WCJ had discretion to amend the pleadings to conform to proof, but that further proceedings were necessary to fully consider the record and allow parties an opportunity to be heard. The matter was returned to the WCJ for further proceedings and a new decision.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and rescinded the original decision, which had denied the applicant's claim for a cumulative psychiatric injury. The applicant argued the original finding should be amended to reflect a specific psychiatric injury on March 18, 2018, supported by medical evidence. The Board found the WCJ had discretion to amend the pleadings to conform to proof, but that further proceedings were necessary to fully consider the record and allow parties an opportunity to be heard. The matter was returned to the WCJ for further proceedings and a new decision.

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JOSE NUNO vs. CALIFORNIA DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES (2020) – Redding | CompFox