Legal Question in Workers Comp in California

I filed a petition for reconsideration in a workers comp case which was granted they wrote "we will grant reconsideration rescind the WCJ 's decision and return the matter to the trial level for a new decision" My question is does this mean that I basically get a new trial and do I get a different WCJ because I want someone else. I feel I never had a trial the WCJ wouldn't let me present my case nor would she accept any of my evidence. I have the right to due process of law I had to file a expedited hearing not knowing what else to do I was granted reconsideration in may and didn't hear from WCAB did I file the thing if not what should I do>

Asked on 7/21/17, 2:07 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Just from this, it's tough to tell what the WCAB Commissioners want the judge to do... any new decision? One new decision is that all parties go get updated medical evidence.... another new decision would be to order an new QME or a deposition of the treating physician. Did you file your DOR for a Status Conference ? it seems odd that there was decision sending the decision back to the WCJ in May and that WCJ hasn't scheduled anything...did the defense appeal to the court of appeal so the matter is in suspension until the WCAB Commissioners or the Court of Appeal make a ruling or dismiss the appeal?

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Answered on 7/21/17, 9:44 pm

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