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CA 5th Strictly Construes 5502 Limit on Evidence

Monday, February 28, 2005 | 1

The Fifth Appellate District Court of Appeals for California on Friday in a decision not certified for publication upheld the Board's exclusion of medical evidence offered after the close of discovery that would have expanded on previously prepared reports.In Rawn vs. WCAB (F046466, 2/25/05) Rawn filed a claim for death benefits following the fatal heart attack of her husband at work. The claim was denied. Rawn filed to proceed to hearing on AOE/COE grounds in June 2000. At a Mandatory Settlement Conference (MSC) on July 24, 2000, the Workers' Compensation Administrative Law Judge (WCJ) clos...

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