Ramsey Alsayeh vs. Robertson’s Ready Mix, Permissibly Self-Insured

Robertson’s Ready Mix, Permissibly Self-Insured Ramsey Alsayeh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAMSEY ALSAYEH. Applicant,vs.ROBERTSON’S READY MIX, permissibly self-insured, Defendants.Case No.ADJ9289025OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award (F&A) issued on November 18, 2019by a workerso compensation administrative law judge (WCJ). The WCJ overruled the parties’ respectiveobjections to evidence, and admined all exhibits into evidence. The WCJ found that applicant sustainedinjury arising out of and in the course of his employment to his low back while employed during theperiod of January 2,2007 through June 19,2013 based on the parties’ March 22,2018 Stipulations andOrder (Stipulations). The WCJ then found that applicant’s claim was also presumed compensablepursuant to Labor Codel section 5402(b), and defendant failed to submit rebuttal evidence that it couldnot have obtained within 9O-days of the claim. Finally, the WCJ deferred issues related to additionalbody parts claimed, as well as applicant’s petitions related to sections 5813, 5814, 5814.5.            Defendant contends that the WCJ’s decision to not allow witness testimony or cross-examinationof applicant at trial violated its right to due process as follows: good cause exists to set aside the parties’Stipulations based on fraud and special circumstances making the Stipulations unjust, but that theevidence;was not heard given the WCJ’s decision to not allow witness testimony or cross-examinationof applicant at trial; and, that the section 5402(b) presumption of compensability may be rebutted with 1 AII further references are to the Labor Code unless otherwise noted. , evidence that an applicant lacks credibility, but that the WCJ was unable to judge the credibility ofapplicant based on his decision to not allow applicant to testify.            Applicant filed Applica

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