CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a finding that lien claimant Med-Legal LLC failed to prove applicant's employment. The WCAB found that applicant's statement to a physician, documented in a sworn report, constituted hearsay admissible in workers' compensation proceedings. This report, combined with the employer's lack of contrary evidence, shifted the burden to the Uninsured Employers Benefits Trust Fund (UEBTF) to disprove employment. Consequently, the WCAB rescinded the prior order and returned the case for further proceedings on the employment issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a finding that lien claimant Med-Legal LLC failed to prove applicant's employment. The WCAB found that applicant's statement to a physician, documented in a sworn report, constituted hearsay admissible in workers' compensation proceedings. This report, combined with the employer's lack of contrary evidence, shifted the burden to the Uninsured Employers Benefits Trust Fund (UEBTF) to disprove employment. Consequently, the WCAB rescinded the prior order and returned the case for further proceedings on the employment issue.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.