Q: IF A W/COMP JUDGE KNOWS THAT THE MEDICAL RECORD IS RIGHT BUT IT HAS NOT BEEN BEEN ENTERED INTO THE RECORD DO TO LAWYER?
SURGERY WAS PREFORMED ON THE CLAIM'S LEFT KNEE AND A ARTIFUCAL JOINT WAS PLACED IN LEFT KNEE, AFTER PERSON HAD HAD 4 SURGERIES..AFTER THE DATE OF INJURY...AND HAD ONE TWO YERAS BEFORE DATE OF ACCIDENT..AND THIS WAS ALL BROUGHT OUT IN THE VERY FIRST HEARING AND THE WORK RELATED INJURES WERE ACCEPTED, AT MEDICAL DEPOSITION OF SURGEON;LAWYER FOR THE CLAIMANT DID NOT SHOW OR PROVIDE MEDICAL REPORTS FOR ALL 5 SURGERIES SO SPECIALIST COULD VIEW...AND LAWYER FOR INS COMPANY SAID CLAIMANT STATED IN DEPOSTION THAT HE HAD HAD 4 SURGERIES PRIOR TO HIS WORK RELATED ACCIDENT ..WHICH WAS STATED WRONG ..FROM CLAIMANT..DO TO BEING ON HEAVY PAIN MEDS. AND CLAMANTS LAWYER DID NOT QUESTION OR ENTER THE RIGHT EVIDENCE INTO THE RECORD..BUT IN THE JUDGES DECISION HE MENTIONED THAT CLAIMANT MAY HAVE BEEN CONFUSED AND STATED IN ERROR OF THIS EVIDENCE...THIS DECISION WAS APPEALED BUT NO MENTION OF THE 5 MEDICAL RECORDS WERE IN THE APPEAL...ALL THIS EVIDENCE WAS IN THE RECORD AND ONLY NEEDED TO BE RESEARCHED
A: I am not sure I understand your question. If you are asking whether new evidence can be admitted during the appeal to the WCAB, the answer is almost always no. If you are asking whether the WCAB may remand the matter back to the judge for the purpose of clarifying varies points that may require the submission of additional evidence, that is possible.
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