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Tentative significant decisions

All dockets are in Adobe Acrobat/PDF format

February 2019

Total Disability/Light Duty Offers/Undocumented Immigrant Workers
The worker obtained employment using a false social security number, then sustained an industrial injury The worker said she would accept the employer's light-duty job if she didn't have to provide proper identification. The employer could not allow her to work under that condition. The Department terminated time-loss compensation and issued an overpayment. The Board held that the light duty job offer was bona fide and within the worker's physical restrictions, and the failure to check citizenship status at the time of her original employment application doesn't bear on the issues presented. Federal law requires the employer to only check certain documents to establish a person's eligibility to work, and the worker used the false social security number to obtain employment. The inability to provide proof of employment for the light duty job was the cause of her inability to take the new job, not the industrial injury. Therefore, the time-loss denial and overpayment are affirmed.
In re Patricia Valentin, Dckt. No. 17 10974 (February 7, 2019)

March 2019

Hearsay
The Board agreed with the IAJ's holding that the worker failed to prove a need for further treatment. The Board issued the D&O to reverse an evidentiary ruling. When an expert witness testifies and references an out-of-court assertion by another expert and there is no objection lodged to the statement, the content of the statement is admissible as substantive evidence, not only as an ER 703 foundation for the witness's opinion.
In re Leticia Sanchez Jimenez, Dckt. No. 18 21048 (March 1, 2019)