David Lin claimed multiple injuries (neck, back, digestive tract, psyche, asthma, sleep, sexual dysfunction, shoulders, chest, headaches) while employed by the Automobile Club of Southern California. After applicant objected to defendant's notice to appear and testify based on a psychiatric medical restriction supported by his treating doctor and the PQME, a protracted discovery dispute ensued, including applicant's failure to comply with a discovery order regarding a Secretary of State filing naming him CEO of a corporation, resulting in sanctions and an adverse evidentiary inference. The WCJ ultimately found no injury AOE/COE and ordered applicant take nothing, twice having decisions rescinded for inadequate records. On the third reconsideration, the Board found the WCJ once again failed to comply with Labor Code section 5313 and Hamilton/Blackledge, conflated the rebuttable adverse inference (regarding ability to testify) with applicant's case in chief, and improperly refused to admit applicant's deposition transcripts. The Board granted reconsideration, rescinded the F&O, and ordered the case reassigned to a new WCJ due to apparent acrimony and the prior WCJ's inability to create a proper record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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