Managing Employee Injuries and Disability and Occupational Safety

2. H EARING The hearing of an application for workers’ compensation is held after the filing of a declaration that a party is ready to proceed. All hearings and investigations are governed by workers’ compensation law and by the rules of practice and procedure adopted by the Appeals Board. All oral testimony and the rulings are recorded by the court reporter. 3. E VIDENCE The WCAB is not bound by the statutory rules of evidence and procedure, but may make inquiry in the manner best calculated to ascertain the substantial rights of the parties and to carry out the law. The Appeals Board favors the production of medical evidence in the form of written reports. All parties must file and serve copies of all medical reports pertaining to the case. Witnesses are called and examined under oath. 4. D ECISION Findings of fact and an award, order, or decision stating the determination reached as to the rights of the parties must be served on all parties to the proceeding, with a summary of the evidence and the reasons or grounds on which the determination is based. Labor Code Sections 5313, 5315. In the absence of an appeal, a decision of a judge or the Appeals Board becomes final after 20 days from the date of issue.

5. A PPEAL OF D ECISION

a. Reconsideration The first step in the appeals process is reconsideration by the Board.

b. Petition for Reconsideration Any aggrieved party may petition the Board for reconsideration by filing a petition with the Board within twenty days after service of any final order, decision or award. Labor Code Sections 5900, 5903. c. Reconsideration on Motion of the Board At any time within 60 days after the filing of an order, decision or award, the Appeals Board may grant reconsideration on its own motion. Labor Code Section 5900. In addition, the Board may adopt, modify or set aside any order or decision of a hearing judge. Labor Code Section 5315.

d. Grounds for Reconsideration Any of the following are grounds for reconsideration:

 The Board acted without or in excess of its authority.



The decision was procured by fraud.

 The evidence does not justify the findings of fact.

Managing Employee Injuries, Disability and Occupational Safety ©2019 (s) Liebert Cassidy Whitmore 47