Case Law Database

Joseph Nollet vs. STATE OF CALIFORNIA DEPARTMENTOF CORRECTIONS, Legally Uninsured and Adjusted by STATE COMPENSATION INSURANCE FUND

This case involves a dispute over reimbursement for an applicant's expert witness fees in a workers' compensation claim. The defendant sought reconsideration of an order awarding these fees. The Appeals Board granted reconsideration and rescinded the award because the applicant failed to establish the expert's qualifications or present their report or testimony into evidence. The Board found that without this foundational proof, the administrative law judge could not properly exercise discretion regarding the reasonableness and necessity of the costs.