Authorities as the decision cited them, with how this panel applied each one.
Lab. Code § 5803
Appeals Board has continuing jurisdiction to rescind, alter, or amend any order, decision, or award for good cause appearing therefor.
Cited as the basis for the Board's jurisdiction to review the dismissal order.
From the decision · page 3opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or
amend any order, decision, or award, good cause appearing therefor."1 (Lab. Code, § 5803.)
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (en banc); Lab. Code § 5313
Appeals Board decisions must be based on admitted evidence in the record; a complete record is necessary for review.
Cited as the standard for requiring a complete record and findings upon all facts involved in the controversy.
From the decision · page 3Decisions of the Appeals Board "must be based on admitted evidence in the record."
(Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals
Board En Banc).) An adequate and complete record is necessary to understand the basis for the
WCJ's decision and the WCJ shall "... make and file findings upon all facts involved in the
controversy[.]" (Lab. Code, § 5313; Hamilton, supra, at p. 476; Blackledge v. Bank of America,
ACE American Insurance Company (2010) 75 Cal.Comp.Cases 613, 621-622.) The WCJ's
decision must "set[] forth clearly and concisely the reasons for the decision made on each issue,
and the evidence relied on," so that "the parties, and the Board if reconsideration is sought, [can]
ascertain the basis for the decision[.]... For the opinion on decision to be meaningful, the WCJ
must refer with specificity to an adequate and completely developed record." (Hamilton, supra, at
p. 476 (citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal. 2d 753, 755 [33
Cal.Comp.Cases 350]).) The purpose of the requirement is "to assist the reviewing court to
ascertain the principles relied upon by the lower tribunal, to help that tribunal avoid careless or
arbitrary action, and to make the right of appeal or of seeking review more meaningful." (Evans,
supra, at p. 755.)
Bernardino Community Hospital v. Workers. Comp. Appeals Bd. (McKernan) 74 Cal.App.4th 928; Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284
Parties must be given notice and an opportunity to be heard before an issue is determined; due process requires a fair hearing.
Cited as the due process requirement for hearings and opportunity to present evidence.
From the decision · page 4Bernardino Community Hospital v. Workers. Comp. Appeals Bd. (McKernan) 74 Cal.App.4th 928,
936 (64 Cal. Comp. Cases 986) Determining an issue without giving the parties notice and an
opportunity to be heard violates the parties' rights to due process. (Gangwish v. Workers' Comp.
Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584], citing Rucker, supra, at
pp. 157-158.) A fair hearing includes but is not limited to the opportunity to call and cross-examine
witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (See Gangwish, supra,
at p.1295; Rucker, supra, at pp. 157-158, citing Kaiser Co. v. Industrial Acci. Com. (Baskin)
(1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd.
(1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)