CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the previous decision to allow further proceedings. The WCAB found that the trial judge erred by excluding applicant's Exhibit No. 1 without allowing the opportunity to provide required declarations. The WCAB also found the agreed vocational expert's report could not be definitively deemed insubstantial evidence and ordered development of the record regarding its admissibility. Finally, the testimony of defense counsel as a witness at trial was stricken due to ethical concerns and lack of necessity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the previous decision to allow further proceedings. The WCAB found that the trial judge erred by excluding applicant's Exhibit No. 1 without allowing the opportunity to provide required declarations. The WCAB also found the agreed vocational expert's report could not be definitively deemed insubstantial evidence and ordered development of the record regarding its admissibility. Finally, the testimony of defense counsel as a witness at trial was stricken due to ethical concerns and lack of necessity.
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