ADJ17036305 — California WCAB decision

What the panel ordered

Petition for Reconsideration denied.

Petition for Reconsideration filed by defendant after Findings and Award on June 14, 2023, denied by WCAB panel on September 6, 2023.

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Temporary disabilityApplicant prevailedpsyche

The applicant was found entitled to temporary disability benefits from May 1, 2023, and continuing, based on substantial medical evidence from Dr. Green and Dr. O'Dowd, despite defendant's argument about modified work offer.

From the decision · page 3On June 14, 2023, I issued a Findings and Award based on the medical report of Dr. Green that the applicant was entitled to temporary disability benefits from May 1, 2023, and continuing. Within my Findings of Fact, I specifically did not make a determination regarding whether an offer modified work was made. My Opinion on Decision does discus the offer of modified work as the defendant himself raised the issue in his trial brief as to why benefits should not be provided to the applicant.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code

Labor Code 5903 grounds for reconsideration

Petition for reconsideration must specify grounds such as excess of powers, fraud, insufficient evidence, new evidence, or unsupported findings.

From the decision · page 4Labor Code 5903 provides the grounds for reconsideration. "At any time within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers' compensation judge granting or denying compensation, or arising out of or incidental thereto, any person aggrieved thereby may petition for reconsideration upon one or more of the following grounds and no other:

Labor Code

Labor Code 5708 discretion in hearings

The Appeals Board has wide discretion to proceed informally and admit hearsay evidence.

From the decision · page 4LC § 5708 provides wide discretion when conducting a hearing. "[The appeals board] from its early days, has not been bound by common law or statutory rules of evidence and procedure, and, in addition to being allowed to receive hearsay evidence and to proceed informally, it has been authorized and permitted to adopt decidedly less stringent rules and regulations. (See French v. Rishell (1953) 18 CCC 82, 84) As such the matter proceeded to trial.

Labor Code, case law

Substantial evidence rule for Appeals Board decisions

Decisions must be supported by substantial evidence, which was found in medical reports here.

From the decision · page 5Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627.) Whether the applicant is temporarily disabled is a question of fact, which is supported by the medical reports of PTP Dr. Green and QME Dr. O'Dowed. (Ex. 113 Pg. 11) (LeVesque v. WCAB (1970) 35 CCC 16, 25; Scott Co. v. WCAB (Stanley) (1983) 48 CCC 65; LC § 3202.5; Western Growers Insurance Co. v. WCAB (Austin) (1993) 58 CCC 323, 327)

ADJ17036305 · September 6, 2023

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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What the panel did with the medical opinions

The rules the panel named

What proof carried it

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