Home/Case Law/ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE
Regular DecisionReconsideration

ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE

Filed: Jun 11, 2019
Fresno
ADJ8591144

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior award. The WCAB rescinded the administrative law judge's (WCJ) findings, which had awarded $8%$ permanent disability and no future medical treatment, finding that the applicant was denied due process. Specifically, the WCJ submitted the matter for decision after the applicant left the hearing and failed to issue a proper notice of intent to submit, violating WCAB Rule 10562. The WCAB denied the applicant's request to disqualify the WCJ, finding no evidence of bias. The case is returned to the WCJ for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior award. The WCAB rescinded the administrative law judge's (WCJ) findings, which had awarded $8%$ permanent disability and no future medical treatment, finding that the applicant was denied due process. Specifically, the WCJ submitted the matter for decision after the applicant left the hearing and failed to issue a proper notice of intent to submit, violating WCAB Rule 10562. The WCAB denied the applicant's request to disqualify the WCJ, finding no evidence of bias. The case is returned to the WCJ for further proceedings.

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ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE (2019) – Fresno | CompFox