Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5903, 5952(d)
Decisions by the Appeals Board must be supported by substantial evidence.
The Appeals Board found no record of proceedings to support the WCJ's order and emphasized the need for substantial evidence to support decisions.
From the decision · page 2We are not able to provide meaningful review here because there is no record of
proceedings. It is well established that decisions by the Appeals Board must be supported by
substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd.
(1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970)
3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1
Cal.3d 627 [35 Cal.Comp.Cases 16].) "The term `substantial evidence' means evidence which, if
true, has probative force on the issues. It is more than a mere scintilla, and means such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion...It must be
reasonable in nature, credible, and of solid value." (Braewood Convalescent Hospital v. Workers'
Comp. Appeals Bd (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566], emphasis
removed and citations omitted.)
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473
Decisions of the Appeals Board must be based on admitted evidence in the record.
The Appeals Board emphasized the necessity of an adequate and complete record to understand the basis for the WCJ's decision and to allow meaningful review.
From the decision · page 2Decisions 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. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.) "It is the
responsibility of the parties and the WCJ to ensure that the record is complete when a case is
submitted for decision on the record. At a minimum, the record must contain, in properly
organized form, the issues submitted for decision, the admissions and stipulations of the parties,
and admitted evidence." (Hamilton, supra, 66 Cal.Comp.Cases at p. 475.) 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." (Id. at p. 476 (citing Evans v.
Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350]).)
McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117
The WCJ and the Appeals Board have a duty to further develop the record where there is insufficient evidence on an issue.
The Appeals Board stated that the WCJ and the Board must develop the record further when evidence is insufficient, ensuring substantial justice.
From the decision · page 2The WCJ and the Appeals Board have a duty to further develop the record where there is
insufficient evidence on an issue. (McClune v. Workers' Comp. Appeals Bd. (1998) 62
Cal.App.4th 1117, 1121-1122 [63 Cal.Comp.Cases 261].) The Appeals Board has a constitutional
mandate to "ensure substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd.
(2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) The Board may not leave matters
undeveloped where it is clear that additional discovery is needed. (Id. at p. 404.)