Home/Case Law/EDWARD MCMAHON vs. CITY OF TRACY, AIMS INSURANCE
Regular DecisionRemoval

EDWARD MCMAHON vs. CITY OF TRACY, AIMS INSURANCE

Filed: Jul 08, 2019
Stockton
ADJ10902577, ADJ10902596

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order appointing a physician. The Board found the order was issued without sufficient evidence in the record and lacked due process. This decision was based on the principle that Appeals Board decisions must be supported by admitted evidence and a complete record. The case is returned to the trial level to establish an evidentiary record before any decision is made.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order appointing a physician. The Board found the order was issued without sufficient evidence in the record and lacked due process. This decision was based on the principle that Appeals Board decisions must be supported by admitted evidence and a complete record. The case is returned to the trial level to establish an evidentiary record before any decision is made.

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