Home/Case Law/HENRY SIMMONS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND
Regular Decision

HENRY SIMMONS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Filed: Jan 11, 2012
ADJ1941131 (LAO 0855247) ADJ3900171 (LAO 0854773)

CompFox AI Summary

The WCAB dismissed the Defendant's Petition for Reconsideration as it sought review of a non-final order striking submission to develop the record. The Board also denied the alternative Petition for Removal, finding no demonstration of substantial prejudice or irreparable harm to justify removal. The WCJ correctly struck the submission due to insufficient medical reports, particularly concerning the applicable rating schedule and MMPI-2 results. The WCJ's decision to develop the record was deemed necessary for a decision of passable quality, and the Defendant was found to have lacked due diligence in obtaining adequate reports.

Full Decision Text1 Pages

The WCAB dismissed the Defendant's Petition for Reconsideration as it sought review of a non-final order striking submission to develop the record. The Board also denied the alternative Petition for Removal, finding no demonstration of substantial prejudice or irreparable harm to justify removal. The WCJ correctly struck the submission due to insufficient medical reports, particularly concerning the applicable rating schedule and MMPI-2 results. The WCJ's decision to develop the record was deemed necessary for a decision of passable quality, and the Defendant was found to have lacked due diligence in obtaining adequate reports.

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