Case Law Database

SHAWN McMILLIAN vs. POINTER ENTERPRISES 416, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. The judge improperly reserved jurisdiction on temporary disability for periods not raised for trial and unilaterally issued a notice of intention to impose a penalty without a filed petition. These actions exceeded the scope of issues presented and improperly advocated for the applicant. The case is remanded for further proceedings on the issues originally raised by the parties.