Home/Case Law/JON McCLESKEY vs. SACRAMENTO REGIONAL TRANSIT
Regular DecisionRegular Panel Decision

JON McCLESKEY vs. SACRAMENTO REGIONAL TRANSIT

Filed: Jan 18, 2013
Redding
ADJ6993929, ADJ8121407, ADJ7570083

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded an administrative law judge's orders compelling attendance at a medical examination, suspending compensation, and granting credit for a missed appointment fee. These orders were found to be a violation of the applicant's due process rights, as he was not afforded an opportunity to be heard before their issuance. The Board emphasized that such orders require proper notice and a chance for the applicant to object or present evidence. The case is returned to the trial level for further proceedings with proper procedural safeguards.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded an administrative law judge's orders compelling attendance at a medical examination, suspending compensation, and granting credit for a missed appointment fee. These orders were found to be a violation of the applicant's due process rights, as he was not afforded an opportunity to be heard before their issuance. The Board emphasized that such orders require proper notice and a chance for the applicant to object or present evidence. The case is returned to the trial level for further proceedings with proper procedural safeguards.

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