CompFox AI Summary
Gemini Legal Services, Inc., acting as a cost petitioner, sought reconsideration of a WCJ's Findings and Order denying their petition for reimbursement of costs related to subpoenas. The Workers' Compensation Appeals Board found that the WCJ erred by not properly admitting evidence, including the subpoenas, into the record, which is essential for a decision based on substantial evidence. The Board also noted the WCJ's statements showed an appearance of bias against the cost petitioner. Consequently, the Appeals Board granted the Petition for Reconsideration, rescinded the June 10, 2025 F&O, and returned the case to the trial level for reassignment to a new WCJ and further proceedings consistent with their opinion.
Full Decision Text1 Pages
Gemini Legal Services, Inc., acting as a cost petitioner, sought reconsideration of a WCJ's Findings and Order denying their petition for reimbursement of costs related to subpoenas. The Workers' Compensation Appeals Board found that the WCJ erred by not properly admitting evidence, including the subpoenas, into the record, which is essential for a decision based on substantial evidence. The Board also noted the WCJ's statements showed an appearance of bias against the cost petitioner. Consequently, the Appeals Board granted the Petition for Reconsideration, rescinded the June 10, 2025 F&O, and returned the case to the trial level for reassignment to a new WCJ and further proceedings consistent with their opinion.
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