Labor Code sections 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627; Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159
Decisions by the Appeals Board must be supported by substantial evidence.
The Appeals Board reviewed the record and found that the WCJ's dismissal order was a final order subject to reconsideration, requiring substantial evidence and a complete record for decision-making.
From the decision · page 3II.
It is well established that decisions by the Appeals Board must be supported by substantial
evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d
274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35
Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35
Cal.Comp.Cases 16].) "The term `substantial evidence' means evidence which, if true, has
probative force on the issues. It is more than a mere scintilla, and means such relevant evidence
as a reasonable mind might accept as adequate to support a conclusion...It must be reasonable in
nature, credible, and of solid value." (Braewood Convalescent Hospital v. Workers' Comp.
Appeals Bd. (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566], emphasis removed and
citations omitted.)
Further, decisions 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. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.) "It is the
responsibility of the parties and the WCJ to ensure that the record is complete when a case is
submitted for decision on the record.
Labor Code sections 5907, 5908, 5908.5
The Appeals Board has continuing jurisdiction over its orders and may rescind, alter, or amend any order, decision, or award for good cause.
The Appeals Board granted reconsideration and deferred final decision, exercising its continuing jurisdiction to reopen the matter for further review.