Home/Case Law/MARLENE ARIAS vs. E. K. S. SECURITY, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MARLENE ARIAS vs. E. K. S. SECURITY, INC., STATE COMPENSATION INSURANCE FUND

Filed: Sep 01, 2010
Stockton
ADJ6887208

CompFox AI Summary

This case concerns an applicant seeking reconsideration of an administrative law judge's decision that excluded vocational expert evidence. The Board granted reconsideration, finding that significant prejudice would result from denying this discovery. The WCAB amended the decision to allow further development of the record on all relevant matters, including vocational rehabilitation, because the record was insufficient to assess permanent disability and the discovery closure was overly restrictive. Therefore, discovery is now open for all matters that could lead to admissible evidence.

Full Decision Text1 Pages

This case concerns an applicant seeking reconsideration of an administrative law judge's decision that excluded vocational expert evidence. The Board granted reconsideration, finding that significant prejudice would result from denying this discovery. The WCAB amended the decision to allow further development of the record on all relevant matters, including vocational rehabilitation, because the record was insufficient to assess permanent disability and the discovery closure was overly restrictive. Therefore, discovery is now open for all matters that could lead to admissible evidence.

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MARLENE ARIAS vs. E. K. S. SECURITY, INC., STATE COMPENSATION INSURANCE FUND (2010) – Stockton | CompFox