Home/Case Law/PAUL SMITH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

PAUL SMITH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Filed: Feb 19, 2013
Stockton
ADJ8031613

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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order finding industrial causation for retirement purposes under Government Code Section 21166. The WCAB held that the Workers' Compensation Judge (WCJ) failed to follow the "same procedure" required for workers' compensation hearings, as outlined in Pearl v. Workers' Comp. Appeals Bd. Specifically, no evidence was admitted, no stipulations were made, and no hearings were conducted. Therefore, there was an insufficient basis for the WCJ's determination of industrial causation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order finding industrial causation for retirement purposes under Government Code Section 21166. The WCAB held that the Workers' Compensation Judge (WCJ) failed to follow the "same procedure" required for workers' compensation hearings, as outlined in Pearl v. Workers' Comp. Appeals Bd. Specifically, no evidence was admitted, no stipulations were made, and no hearings were conducted. Therefore, there was an insufficient basis for the WCJ's determination of industrial causation.

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