CA: Injured Worker Denied Second Bite of the Apple to Meet Burden of Proof in Psyche Injury Claim

CA: Injured Worker Denied Second Bite of the Apple to Meet Burden of Proof in Psyche Injury Claim

Gloria Rivas v. Posada Whittier/Berg Senior Services, Majestic Insurance Company

Evidence--Medical Evidence--WCAB's Duty to Develop Record--WCAB rescinded WCJ's order deferring applicant/housekeeper's claim for psychiatric injury during period 1/2007 through 9/18/2007 pending further development of medical record, and held that issue was improperly deferred and that applicant did not meet her burden of proving her psyche claim, when applicant sought to proceed to trial despite being on notice from defendant at time of MSC that her medical evidence was inadequate due to a false and inaccurate history, applicant had opportunity to cure defect in record prior to filing a DOR and before stipulating to proceed to trial on issue of psyche injury, and WCAB, applying holding in Telles Transport, Inc. v. W.C.A.B. (Zuniga) (2001) 92 Cal. App. 4th 1159, 112 Cal. Rptr. 2d 540, 66 Cal. Comp. Cases 1290, found that a party is not entitled to assert that she is ready for trial and then, when evidence is found to be inadequate, obtain a second chance to meet burden of proof based upon WCAB's duty to develop medical record. © Copyright 2010 LexisNexis. All rights reserved.

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Source: Calif. Workers’ Compensation Appeals Board

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