CompFox AI Summary
The Appeals Board granted reconsideration and rescinded the WCJ's order for F&M Radiology to pay defendant's attorney's fees. The Board found the WCJ's decision lacked due process and substantial evidence, as it did not explicitly reference Labor Code section 5813 or make findings of bad faith, frivolous tactics, or unnecessary delay. Furthermore, the Minutes of Hearing failed to clearly define the issues to be decided at trial. The matter was returned to the trial level for further proceedings to create a proper record and ensure due process for all parties.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the WCJ's order for F&M Radiology to pay defendant's attorney's fees. The Board found the WCJ's decision lacked due process and substantial evidence, as it did not explicitly reference Labor Code section 5813 or make findings of bad faith, frivolous tactics, or unnecessary delay. Furthermore, the Minutes of Hearing failed to clearly define the issues to be decided at trial. The matter was returned to the trial level for further proceedings to create a proper record and ensure due process for all parties.
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