3rd DCA Publishes Decision That Erroneous Evidentiary Rulings Aren't Reviewable for Harmlessness

A California appellate court has ordered publication of a decision from last month that held a workers’ compensation judge’s erroneous admission of reports that were not listed in the pretrial conference statement should not have been reviewed for harmlessness. In DPR Construction v. WCAB (McClanahan), No. C102117, the 3rd District Court of Appeal said Labor Code Section 5502 establishes the bounds of discretion for a WCJ for keeping discovery open after the mandatory settlement conference, and a violation of the statute requires annulment of the Workers’ Compensat...