What the panel ordered
Petition for reconsideration granted; WCJ's Findings and Order rescinded; matter returned for further proceedings.
Petition for reconsideration of WCJ's Findings and Order denying employment during alleged CT period; panel grants reconsideration, rescinds F&O, and remands for further proceedings.
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 erred in denying amendment of the pleadings to conform to testimony regarding employment dates; the proper procedure was to develop the record further. The matter is remanded for further proceedings to determine employment during the correct period.
From the decision · page 7In this matter, applicant attempted to amend the date of injury to conform to the testimony provided by applicant which, as all parties seem to agree, directly refuted a period of employment prior to April 20, 2025 as initially plead. It is not clear from the record whether defendant objected to the motion, but the WCJ denied the request. We agree that the request was made at a late point in litigation after both parties had effectively rested and the exhibits had been agreed to and discussed. However, the motion should have been granted and the matter deferred for further discovery and a hearing on the merits.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's testimony and evidence indicated employment dates did not match those originally pled, and the record was insufficient to resolve employment status for the correct period.
Favours neutral
This discrepancy required further development of the record rather than denial of the claim; thus, the matter was remanded.
From the decision · page 7In this matter, applicant attempted to amend the date of injury to conform to the testimony provided by applicant which, as all parties seem to agree, directly refuted a period of employment prior to April 20, 2025 as initially plead. It is not clear from the record whether defendant objected to the motion, but the WCJ denied the request. We agree that the request was made at a late point in litigation after both parties had effectively rested and the exhibits had been agreed to and discussed. However, the motion should have been granted and the matter deferred for further discovery and a hearing on the merits.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code §§ 5701, 5906; McDuffie v. LACMTA (en banc); Tyler v. WCAB; McClune v. WCAB
WCJ and Appeals Board have a duty to develop the record where evidence is insufficient to determine issues raised for trial.
Remand required for further development of the record on employment dates and status.
From the decision · page 5"[I]n order to ensure reliance on substantial evidence, and a complete adjudication of the issues consistent with due process," the WCJ and the Appeals Board both have a duty to further develop the record where there is an absence of, or insufficient evidence to determine the issues raised for trial. (Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal. App.4th 389, 393-395 [62 Cal.Comp.Cases 924]; McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117, 1121-1122 [63 Cal.Comp.Cases 261]; see Lab. Code, § 5701 and 5906; McDuffie v. Los Angeles County Metropolitan Transit Authority (2001) 67 Cal.Comp.Cases 138, 139 (Appeals Board en banc).) Indeed, the Appeals Board has a constitutional mandate to "ensure substantial justice in all cases," and is therefore "clearly permitted" to admit evidence even after the discovery cut-off
Perez v. Chicago Dogs (en banc); Rubio v. WCAB; Liberty Mutual Ins. Co. v. WCAB
Pleadings should be liberally construed and technical deficiencies do not deprive the Board of jurisdiction if timely and with notice.
WCJ should have allowed amendment of pleadings to conform to testimony.
From the decision · page 7As we stated in the en banc decision Perez v. Chicago Dogs (2025) 90 Cal.Comp.Cases 830, 836 (Appeals Board en banc) in workers' compensation proceedings: (1) pleadings may be informal (Citations omitted); (2) claims should be adjudicated based on substance rather than form (Citations omitted); (3) pleadings should liberally construed so as not to defeat or undermine an injured employee's right to make a claim; (Citations omitted); and (4) technically deficient pleadings, if they give notice and are timely, normally do not deprive the Board of jurisdiction (Citations omitted). (Id. at p. 839.)
What proof carried it
The evidence the panel weighed, by kind.
Applicant's testimony regarding employment dates was inconsistent with the period originally pled, and the record was insufficiently developed to determine employment status for the correct period.
From the decision · page 7In this matter, applicant attempted to amend the date of injury to conform to the testimony provided by applicant which, as all parties seem to agree, directly refuted a period of employment prior to April 20, 2025 as initially plead. It is not clear from the record whether defendant objected to the motion, but the WCJ denied the request. We agree that the request was made at a late point in litigation after both parties had effectively rested and the exhibits had been agreed to and discussed. However, the motion should have been granted and the matter deferred for further discovery and a hearing on the merits.
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About this page
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