Rebecca Gage — ADJ8010054

Applicant Rebecca Gage, a deputy sheriff, sustained a lumbar spine injury in 2011 and received advance disability pension payments under Labor Code section 4850.4. After prior litigation (including the Court of Appeal's Gage decision holding that such payments are compensation subject to section 5814 penalties), defendant sought a WCAB order compelling applicant to participate in the section 4850.4(f) repayment process. The WCJ found in a May 24, 2021 Minute Order that the Appeals Board lacked jurisdiction over the 4850.4(f) process and denied defendant's request for a hearing to create a record, treating the matter as a pure legal question. The Board granted reconsideration, holding that issuing a decision adverse to defendant without permitting it to create an evidentiary record violated due process and prevented the Board from determining whether the decision was supported by substantial evidence. The Board rescinded the Order and returned the matter to the trial level for a hearing to develop a complete record, deferring the substantive jurisdictional dispute to the WCJ in the first instance.