What the panel ordered
Petition for Reconsideration dismissed; Petition for Removal granted; June 3, 2025 WCJ Minutes and Supplement rescinded; matter returned to trial level for further proceedings.
Petition for Reconsideration filed by applicant from June 3, 2025 WCJ decision; WCJ took matter off calendar without trial or evidentiary hearing; WCJ ordered medical-legal report from Dr. Andrew Hesseltine; sanctions deferred; WCJ decision rescinded and matter returned to trial level for evidentiary hearing and new decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ took the matter off calendar without admitting evidence or hearing testimony, but issued findings and orders without an evidentiary record, violating due process; therefore, the matter was returned to trial level for evidentiary hearing and new decision.
From the decision · page 9and there was no summary of the evidence received and relied upon, there is no evidence upon which we could base a decision. Without an evidentiary record, we are unable to determine whether the WCJ's decision is supported by substantial evidence, as required. (Hamilton, supra, at p. 476; Lab. Code, § 5903, 5952(d); Lamb, supra, 11 Cal.3d at 280-281.) Therefore, we return this matter to the trial level for the WCJ to conduct an evidentiary hearing and create a record upon which a decision can be made.