HARRY P. WINSTON vs. CITY OF LOS ANGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a due process violation. The defendant was denied the opportunity to cross-examine the Disability Evaluation Unit rater after objecting to their rating, which is a procedural due process right. Consequently, the Board rescinded the prior award and returned the case to the trial level for further proceedings, including the opportunity for cross-examination. The Board noted that a new WCJ would need to be assigned due to the original judge's retirement.