Authorities as the decision cited them, with how this panel applied each one.
Hamilton, supra
The WCJ must refer to the evidence in the opinion on decision and clearly designate the evidence forming the basis of the decision, which must be based on admitted evidence and supported by substantial evidence.
The WCJ's decision did not clearly designate the evidence or provide substantial evidence support for the issues raised, including permanent disability.
From the decision · page 3As required by section 5313 and explained in Hamilton, "the WCJ is charged with the
responsibility of referring to the evidence in the opinion on decision, and of clearly designating
the evidence that forms the basis of the decision." (Hamilton, supra, at p. 475.)
Labor Code section 5313
The WCJ must make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties, including a summary of the evidence and reasons for the determination.
The WCJ's decision was found vague and ambiguous, failing to meet the requirements of section 5313 for findings and awards.
Labor Code section 5815
Every order, decision or award must contain a determination of all issues presented and not previously determined; any issue not determined is deemed decided adversely to the party raising it.
The WCJ failed to determine all issues presented, rendering the decision incomplete and subject to reconsideration.
Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753
Decisions of the WCAB must state the evidence relied upon and specify in detail the reasons for the decision to assist reviewing courts and make appeals meaningful.
The WCJ's decision lacked detailed reasons and evidence reliance, undermining the review and appeal process.
From the decision · page 4The WCJ's opinion on decision "enables the parties, and the Board if reconsideration is
sought, to ascertain the basis for the decision...." (Hamilton, supra, at p. 476.) The Court of Appeal
has further observed that pursuant to Labor Code section 5908.5, decisions of the WCAB must
state the evidence relied upon and specify in detail the reasons for the decision. (Evans v.
Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350, 351]
(Evans).) 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.)