> >
Case Name | M/A Com-Phi v. WCAB | |
---|---|---|
Date | 07/29/1998 | |
Note | WCAB had duty to develop record and show surveillance film to defense. | |
Citation | 65 Cal.App.4th 1020, 63 CCC 821 | |
WCC Citation | WCC 25561998 CA |
The Workers' Compensation Appeals Board (WCAB) awarded benefits based upon the reports of the employer's doctors, who were not provided with impeaching surveillance films. On February 20, 1992, Sevadjian received an electrical shock while repairing a high-voltage 'Ion Implanter,' which is not in dispute. In a subsequent letter to this court, the WCAB pointed out that the employer had more than two months before trial to submit the surveillance films to Drs. DISPOSITION The decision of the WCAB is annulled and the matter is remanded for further proceedings consistent with this opinion. Labor Code section 5906, in relevant part, authorizes the WCAB upon appeal, to 'grant reconsideration and direct the taking of additional evidence. '
Download full case here.
Download full case here.