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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order finding industrial causation for retirement purposes under Government Code Section 21166. The WCAB held that the Workers' Compensation Judge (WCJ) failed to follow the same procedure required for workers' compensation hearings, as outlined in Pearl v. Workers' Comp. Appeals Bd. Specifically, no evidence was admitted, no stipulations were made, and no hearings were conducted. Therefore, there was an insufficient basis for the WCJ's determination of industrial causation.
PAUL SMITH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in Stockton. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Stockton.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order finding industrial causation for retirement purposes under Government Code Section 21166. The WCAB held that the Workers' Compensation Judge (WCJ) failed to follow the "same procedure" required for workers' compensation hearings, as outlined in Pearl v. Workers' Comp. Appeals Bd. Specifically, no evidence was admitted, no stipulations were made, and no hearings were conducted. Therefore, there was an insufficient basis for the WCJ's determination of industrial causation.
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