Home/Case Law/MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE
Regular DecisionReconsideration

MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE

Filed: Jun 16, 2018
San Bernardino
ADJ301960 (VNO 0479189) ADJ963491 (VNO 0468662) ADJ1360597 (VNO 0457429)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the applicants' claims of serious and willful misconduct by the defendant and allegations of evidence destruction. Applicants Michael Ayala and Tommy Vasquez sought increased compensation based on these claims. A newly discovered document, purportedly a destroyed Chrono 128-B, was submitted by applicants as newly discovered evidence. The WCAB accepted the supplemental pleadings but deferred ruling on the admissibility of the new evidence and its impact on the case to the trial level. Consequently, the previous Joint Findings of Fact have been rescinded, and the matter is remanded for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the applicants' claims of serious and willful misconduct by the defendant and allegations of evidence destruction. Applicants Michael Ayala and Tommy Vasquez sought increased compensation based on these claims. A newly discovered document, purportedly a destroyed Chrono 128-B, was submitted by applicants as newly discovered evidence. The WCAB accepted the supplemental pleadings but deferred ruling on the admissibility of the new evidence and its impact on the case to the trial level. Consequently, the previous Joint Findings of Fact have been rescinded, and the matter is remanded for further proceedings.

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