Lab. Code § 5313; Cal. Code Regs., tit. 8, § 10761; Blackledge v. Bank of America, ACE American Insurance Company (2010) 75 Cal.Comp.Cases 613 (en banc)
A WCJ is required to 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, together with a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made.
The WCJ failed to issue an opinion on decision or create a record, violating these requirements.
From the decision · page 5The statutory and regulatory duties of a WCJ include the issuance of a decision that
complies with Labor Code section 5313. A WCJ is required to "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. Together with the findings, decision, order or award there shall be served
upon all the parties. The endorsement to the proceedings a summary of the evidence received and
relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE
American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals
Bd. en banc).)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151; Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284
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.
Determining an issue without giving the parties notice and an opportunity to be heard violates due process.
From the decision · page 6Moreover, 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 hearing includes but is not limited to the opportunity to call and cross-examine
witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (See Gangwish, supra,
at p.1295; Rucker, supra, at pp. 157-158, citing Kaiser Co. v. Industrial Acci. Com. (Baskin)
(1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd.
(1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)