CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's due process claim. The defendant argued the administrative law judge erred by raising the issue of additional temporary disability under Labor Code section 4656(c)(3) sua sponte, thereby denying them notice and an opportunity to be heard. The Board agreed, finding the defendant was not adequately notified that this specific issue would be decided. Consequently, the Board amended the decision to defer the issues of temporary disability, maximum medical improvement, and credit for overpayment, remanding the case for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's due process claim. The defendant argued the administrative law judge erred by raising the issue of additional temporary disability under Labor Code section 4656(c)(3) sua sponte, thereby denying them notice and an opportunity to be heard. The Board agreed, finding the defendant was not adequately notified that this specific issue would be decided. Consequently, the Board amended the decision to defer the issues of temporary disability, maximum medical improvement, and credit for overpayment, remanding the case for further proceedings.
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