Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5803
The appeals board has continuing jurisdiction and may rescind, alter, or amend any order, decision, or award for good cause upon notice and hearing. (Lab. Code, 5803)
Applied to determine the board's authority to reconsider and vacate prior orders.
From the decision · page 2"The appeals board has continuing jurisdiction over all its orders, decisions, and awards
made and entered under the provisions of [Division 4]... At any time, upon notice and after the
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473
Decisions must be based on admitted evidence and the WCJ must make findings on all facts involved. (Hamilton v. Lockheed Corporation (2001))
Applied to require a complete record and findings for the WCJ's decision.
From the decision · page 3Decisions of the Appeals Board "must be based on admitted evidence in the record."
(Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals
Board En Banc).) An adequate and complete record is necessary to understand the basis for the
WCJ's decision and the WCJ shall "... make and file findings upon all facts involved in the
controversy[.]" (Lab. Code, § 5313; Hamilton, supra, at p. 476.) The WCJ's decision must "set[]
forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied
on," so that "the parties, and the Board if reconsideration is sought, [can] ascertain the basis for
the decision[.]... For the opinion on decision to be meaningful, the WCJ must refer with
specificity to an adequate and completely developed record." (Hamilton, supra, at p. 476 (citing
Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal. 2d 753, 755 [33 Cal.Comp.Cases 350]).)
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.)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
All parties have the right to due process and a fair hearing, including notice and opportunity to be heard. (Rucker v. Workers' Comp. Appeals Bd. (2000))
Applied to ensure lien claimant's due process rights were protected.
From the decision · page 3Moreover, all parties to a workers' compensation proceeding retain the fundamental right
to due process and a fair hearing under both the California and United States Constitutions. (Rucker
v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].) A
fair hearing is "... one of `the rudiments of fair play' assured to every litigant..." (Id. at p. 158.)
The "essence of due process is simply notice and the opportunity to be heard." (San Bernardino
Community Hospital v. Workers' Comp. Appeals Bd. (McKernan) 74 Cal.App.4th 928, 936 (64 Cal.
Comp. Cases 986.) Determining an issue without giving the parties notice and an opportunity to be
heard violates the parties' rights to due process. (Gangwish v. Workers' Comp. Appeals Bd. (2001)
89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584], citing Rucker, supra, at pp. 157-158.) A fair