RICHARD CARROLL vs. CONSOLIDATED FREIGHTWAYS, INC., Permissibly Self-Insured, Reinsured By RELIANCE, In Liquidation, Adjusted By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior awards due to a due process violation. The applicant was denied the opportunity to cross-examine the Disability Evaluation Unit rater when the WCJ simultaneously issued decisions and the recommended rating. This prevented applicant's right to object or seek rebuttal evidence before submission for decision. The case is returned to the trial level for further proceedings, including potential rater cross-examination, and a new decision.