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The WCAB granted reconsideration and rescinded a decision finding a workers' compensation claim moot. The WCJ incorrectly determined the issue of industrial injury was moot upon the employee's death, overlooking Labor Code section 4700 which preserves employer liability. The Board found this premature determination deprived parties of due process, as entitlement to benefits was not litigated. The case is returned for further proceedings and a new decision on whether the injury arose out of and occurred in the course of employment.
JOHN MORRISON (Deceased) ONETIA MORRISON (Widow) vs. McDONNELL DOUGLAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA) is a workers' compensation case decided in Anaheim. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Anaheim.
Full Decision Text1 Pages
The WCAB granted reconsideration and rescinded a decision finding a workers' compensation claim moot. The WCJ incorrectly determined the issue of industrial injury was moot upon the employee's death, overlooking Labor Code section 4700 which preserves employer liability. The Board found this premature determination deprived parties of due process, as entitlement to benefits was not litigated. The case is returned for further proceedings and a new decision on whether the injury arose out of and occurred in the course of employment.
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