Agaton, Angie

Applicant Angie Agaton, a correctional deputy trainee, sustained an admitted specific injury to her right shoulder and big toes on July 18, 2023. Through the County of Riverside's alternative dispute program, the parties used IME Dr. Scott Hardy, who found 0% whole person impairment and a P&S date of August 20, 2024. The WCJ adopted Dr. Hardy's reporting, found 0% permanent disability, and closed discovery before Dr. Hardy's scheduled December 16, 2025 deposition. Applicant sought reconsideration, arguing lack of substantial evidence, due process violation from closing discovery before the deposition, and newly discovered evidence. The Board granted reconsideration on due process grounds, holding that applicant did not waive her objection to proceeding and was entitled to cross-examine Dr. Hardy, and rescinded the F&A and returned the matter to admit the deposition transcript.