Authorities as the decision cited them, with how this panel applied each one.
California Labor Code section 5502 subdivision (d)(3)
Discovery cutoff under Labor Code section 5502 subdivision (d)(3) must be applied consistent with substantial justice and evidentiary development requirements.
The subpoenaed records were disclosed and obtained prior to the mandatory settlement conference, supporting their admissibility despite objections.
From the decision · page 2Discovery shall close on the date of the mandatory settlement conference.
Evidence not disclosed or obtained thereafter shall not be admissible unless the
proponent of the evidence can demonstrate that it was not available or could not
have been discovered by the exercise of due diligence prior to the settlement
conference.
California State Constitution Article XIV 4
The administration of workers' compensation legislation must accomplish substantial justice expeditiously and without incumbrance.
The discovery cutoff must not be applied to cause injustice; evidence must be admitted to ensure substantial justice.
From the decision · page 5The discovery cut-off contained in subdivision (d)(3) of section 5502 must be applied in a
manner consistent with the requirement of the California State Constitution that the administration
of all workers' compensation legislation "shall accomplish substantial justice in all cases
expeditiously, inexpensively, and without incumbrance of any character." (Cal. Const., Art. XIV
§ 4.) The clear purpose of this constitutional mandate is to achieve justice in a timely, resourceful,
and efficient manner, and not to permit injustice simply because it would save time, money, and
effort. To this end, while all hearings before the Appeals Board or a WCJ are governed by Division
4 of the Labor Code, including section 5502, in their conduct they "shall not be bound by the
common law or statutory rules of evidence and procedure, but may make inquiry in the manner,
through oral testimony and records, which is best calculated to ascertain the substantial rights of
the parties and carry out justly the spirit and provisions of this division." (Lab. Code, § 5708.)
Labor Code sections 5903, 5952(d)
Decisions by the Appeals Board must be supported by substantial evidence including an adequate history with all germane facts.
The evidentiary record must include available documents showing diagnosis dates to ensure substantial evidence and justice.
From the decision · page 5Furthermore, it is well established that decisions by the Appeals Board must be supported
by substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd.
(1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970)
3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1
Cal.3d 627 [35 Cal.Comp.Cases 16].) Substantial evidence must be based upon an adequate history
that includes all germane facts. (Escobedo v. Marshalls (2007) 70 Cal.Comp.Cases 604, 620
(Appeals Board en banc); Hegglin v. Workmen's Comp. Appeals Bd. (1971) 4 Cal.3d 162, 169 [36
Cal.Comp.Cases 93]; Place v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 372, 378-379 [35
Cal.Comp.Cases 525]; Zemke v. Workmen's Comp.