Home/Case Law/JOANNA BRENNAN vs. COUNTY OF LOS ANGELES, SHERIFF DEPARTMENT
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JOANNA BRENNAN vs. COUNTY OF LOS ANGELES, SHERIFF DEPARTMENT

Filed: Apr 15, 2019
Van Nuys
ADJ10164963 ADJ10165046

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a Minute Order that denied joinder of a prior employer and summarily determined a single cumulative trauma injury. The Board found that the WCJ erred by prematurely deciding the nature of the injury without providing the defendant an opportunity to present evidence, thus violating due process. Determining whether there were one or two injuries is a substantive issue requiring findings based on evidence. The matter is returned to the trial level for further proceedings and a new decision after proper submission of evidence and argument.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a Minute Order that denied joinder of a prior employer and summarily determined a single cumulative trauma injury. The Board found that the WCJ erred by prematurely deciding the nature of the injury without providing the defendant an opportunity to present evidence, thus violating due process. Determining whether there were one or two injuries is a substantive issue requiring findings based on evidence. The matter is returned to the trial level for further proceedings and a new decision after proper submission of evidence and argument.

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JOANNA BRENNAN vs. COUNTY OF LOS ANGELES, SHERIFF DEPARTMENT (2019) – Van Nuys | CompFox