Failure to List Exhibits on Conference Statement Not a Harmless Error

The Workers’ Compensation Appeals Board erred when it held that the failure to list in a pretrial conference the statement reports from a qualified medical evaluator was harmless, a California appellate court ruled. The 3rd District Court of Appeal said longstanding precedent requires it to annul a split Workers’ Compensation Appeals Board decision affirming a workers’ compensation judge’s finding that an injury was compensable because the judge relied on two medical reports that weren’t identified as exhibits on the pretrial statement. Two WCAB commissioners fo...