Case Law Database

JEFFERY BURKE vs. HOME DEPOT, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Applicant Jeffery Burke's Petition for Reconsideration. Burke sought to overturn a prior award, claiming a violation of due process because he and his attorney did not receive the formal rating instructions and rating. The Board adopted the WCJ's report, which found that service of these documents on Burke's attorney at the correct address was presumed to have been completed. Therefore, no due process violation occurred, and reconsideration was denied.