Home/Case Law/Sally Nunes vs. CITY OF SANTA MARIA
Regular DecisionReconsideration

Sally Nunes vs. CITY OF SANTA MARIA

Filed: Oct 09, 2015
Oxnard
ADJ9567706

CompFox AI Summary

The Appeals Board granted reconsideration to further develop the medical record regarding the applicant's psyche injury, as the WCJ's finding relied too heavily on the applicant's perceptions rather than actual employment events. The Board upheld the exclusion of the defendant's witness due to their failure to timely provide discovery, deeming it an appropriate sanction for a discovery violation. The case is returned to the trial level for the physician to clarify causation and for the WCJ to issue a new decision on all submitted issues. This action is necessary because the initial medical opinion lacked sufficient analysis of actual work events and the applicant's undisclosed personal history impacted the original findings.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to further develop the medical record regarding the applicant's psyche injury, as the WCJ's finding relied too heavily on the applicant's perceptions rather than actual employment events. The Board upheld the exclusion of the defendant's witness due to their failure to timely provide discovery, deeming it an appropriate sanction for a discovery violation. The case is returned to the trial level for the physician to clarify causation and for the WCJ to issue a new decision on all submitted issues. This action is necessary because the initial medical opinion lacked sufficient analysis of actual work events and the applicant's undisclosed personal history impacted the original findings.

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