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The Appeals Board granted reconsideration and rescinded the original award, finding that the applicant, appearing pro per, may have been denied due process. Specifically, the Board determined that the WCJ erred by not allowing the applicant to present her witness, Ms. McKay, and did not adequately provide the applicant an opportunity to question the occupational therapist. The case is returned to a trial-level WCJ for further proceedings, including testimony from Ms. McKay and opportunity for cross-examination. The Board declined to address other contentions due to this disposition.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the original award, finding that the applicant, appearing pro per, may have been denied due process. Specifically, the Board determined that the WCJ erred by not allowing the applicant to present her witness, Ms. McKay, and did not adequately provide the applicant an opportunity to question the occupational therapist. The case is returned to a trial-level WCJ for further proceedings, including testimony from Ms. McKay and opportunity for cross-examination. The Board declined to address other contentions due to this disposition.
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