Legal Question in Workers Comp in California

callifornia workers compensation case active record was completed destroyed by the board this is a active case which required a new findings and award issued the judge to correct a calculation error for the calculation of the average weekly wage that had been miscalculated in the original award for ttd same judge years early issued an order to correct the error and pay employee at the corrct rate however like with all the orders the insurance company did not comply so once again the judge held a hearing and made a ruling correcting the error defense coucel filed for recon and it was granted by the board theboard further adopted defense claim and refused the judges ruling stating that the record was void of any evidence to support his previous ruling of course the record was void evidence it was destroyed in its entirety by the board so i lost.

does this violate evidence of civil laws something should make what the board did wrong


Asked on 10/03/10, 2:37 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Sorry, but it makes no sense to me the the Board would destroy an active file. If that had occurred, the Board would have ordered that a new hearing be held on the issue of the comp. rate. I think you are too close to the matter to give an accurate description of what actually occurred.

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Answered on 10/09/10, 9:28 pm


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