What the panel ordered
May 17, 2021 Findings and Order rescinded; matter returned to trial level for further proceedings consistent with the opinion after reconsideration.
Petition for reconsideration granted to review the Findings and Order issued by the WCJ on May 17, 2021, regarding medical-legal expenses related to subpoenas duces tecum.
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.
The WCJ's May 17, 2021 Findings and Order did not clearly identify the exhibits and issues related to the subpoenas, making it impossible for the Appeals Board to evaluate the basis for the decision, thus requiring remand for further proceedings.
From the decision · page 3Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350].) The Appeals Board's record of proceedings is maintained in the adjudication file and consists of: the pleadings, minutes of hearing and summary of evidence, transcripts, if prepared and filed, proofs of service, evidence received in the course of a hearing, exhibits marked but not received in evidence, notices, petitions, briefs, findings, orders, decisions, and awards, and the arbitrator's file, if any. Documents that are in the adjudication file but have not been received or offered in evidence are not part of the record of proceedings. (Cal. Code Regs., tit. 8, § 10750). Here, the subpoenas were listed, but all of the exhibits should have been properly identified. Brief testimony was provided, but without a clear listing of the exhibits and issues, it is difficult to determine to what evidentiary weight should be given to their testimony. Most importantly, without a clear identification of the issues, we are unable to conduct a meaningful review. Thus,