CompFox AI Summary
The Appeals Board granted reconsideration to review a Workers' Compensation Judge's (WCJ) decision finding an applicant sustained a 100% permanent disability due to a stroke, anxiety, heart, and hypertension from her employment. The Board rescinded the decision, finding the WCJ erred by admitting handwritten notes from the applicant into evidence without requiring a showing that they were unavailable or undiscoverable prior to the Mandatory Settlement Conference. The case is returned to the trial level for a new decision, including a determination on the admissibility of the notes under Labor Code section 5502(d)(3). If admitted, defendants will be allowed further discovery on their authenticity.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to review a Workers' Compensation Judge's (WCJ) decision finding an applicant sustained a 100% permanent disability due to a stroke, anxiety, heart, and hypertension from her employment. The Board rescinded the decision, finding the WCJ erred by admitting handwritten notes from the applicant into evidence without requiring a showing that they were unavailable or undiscoverable prior to the Mandatory Settlement Conference. The case is returned to the trial level for a new decision, including a determination on the admissibility of the notes under Labor Code section 5502(d)(3). If admitted, defendants will be allowed further discovery on their authenticity.
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