CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration because the defendant was denied due process. The defendant timely filed a petition to cross-examine the disability rater and submit rebuttal evidence electronically. However, the administrative law judge was unaware of this filing and issued a decision without allowing the defendant the opportunity to cross-examine the rater. Consequently, the Board rescinded the prior award and returned the case for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration because the defendant was denied due process. The defendant timely filed a petition to cross-examine the disability rater and submit rebuttal evidence electronically. However, the administrative law judge was unaware of this filing and issued a decision without allowing the defendant the opportunity to cross-examine the rater. Consequently, the Board rescinded the prior award and returned the case for further proceedings.
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