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Case Name McClune v. WCAB
Date 04/02/1998
Note WCJ and WCAB can order taking new evidence when record lacks substantial evidence to find industrial causation, such duty imposed by due process.
Citation 62 Cal.App.4th 1117, 63 CCC 261
WCC Citation WCC 26811998 CA
OPINION SONENSHINE, J. - Steve McClune contests the Workers' Compensation Appeals Board's (the WCAB) denial of his petition for reconsideration of his workers' compensation claim. McClune's expert witness testified the injury was caused by cumulative and repetitive trauma while McClune was employed by AMS. He explained McClune had no symptoms prior to his AMS employment and passed a pre-employment physical. He supported his testimony with McClune's medical records indicating McClune reported severe left hip degenerative arthritis pain in 1993. The WCAB denied the petition for reconsideration, holding McClune failed to establish by a preponderance of the evidence his injury was industrial in nature.

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