“Decisions of the Appeals Board ‘must be based on admitted evidence in the record.’”
(Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc), as quoted in Gaines, supra, at p. 15.)
“[D]ecisions of the Appeals Board must be supported by substantial evidence.”
(Gaines, supra, at p. 15, citing Lab. Code, §§ 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.)
“An adequate and complete record is necessary to understand the basis for the WCJ’s decision.”
(Gaines, supra, at p. 15, citing Lab. Code, § 5313; Cal. Code Regs., tit. 8, § 10787.)
“[O]ther than medical reporting which automatically becomes part of the record of proceedings under WCAB Rule 10803… any other information provided to the WCJ is not part of the record of proceedings and is not admitted as evidence. In particular, WCJs should be mindful that oral statements presented at a walk-through are not part of the court’s record.”
(Gaines, supra, at p. 20.)
“Workers’ compensation does not permit judgment on the pleadings.”
(Gaines, supra, at p. 16, citing Cal. Code Regs., tit. 8, § 10515.)
“A WCJ cannot look beyond the settlement itself or the record of proceedings in determining adequacy.”
(Gaines, supra, at p. 16, citing Cal. Code Regs., tit. 8, § 10803.)
“The Appeals Board cannot review the adequacy of a settlement without a formal record.”
(Gaines, supra, at p. 16, citing Hamilton, supra.)
“This creates significant problems, particularly in cases where a party seeks to set aside the settlement, because there is no record to review. Thus, it may be more appropriate to set a hearing and admit such evidence so that the basis for a determination that the settlement is adequate is clear.”
(Gaines, supra, at p. 20 [seeds ch. 25].)
“[O]ther than medical reporting which automatically becomes part of the record of proceedings under WCAB Rule 10803 (Cal. Code Regs., tit. 8, § 10803), any other information provided to the WCJ is not part of the record of proceedings and is not admitted as evidence.”
(Gaines, supra, at p. 20.)
“The WCJ and the Appeals Board have a duty to further develop the record where there is insufficient evidence on an issue.”
(Perez, supra, at p. 7, citing McClune v. Workers’ Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117, 1121–1122.)
← § 19.6 · § 20.2 → · this section in the book