DPR Construction v. Workers' Comp. Appeals Bd.

Filed 5/16/25; Certified for Publication 6/11/25 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

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DPR CONSTRUCTION et al., C102117

Petitioners, (WCAB Case No.

ADJ11348013)

v.

WORKERS’ COMPENSATION

APPEALS BOARD

and ALONZO MCCLANAHAN,

Respondents.

Employer DPR Construction (DPR) and its workers’ compensation carrier, National Union Fire Insurance Company (collectively, petitioners), challenge a Workers’ Compensation Appeals Board (the board) decision in favor of DPR’s former employee, Alonzo McClanahan. Petitioners contend the board exceeded its powers in two ways: (1) by failing to state the reasons for finding McClanahan credible and (2) by admitting two medical reports that were not listed in the pretrial conference statement. We disagree with petitioners as to the first contention but agree as to the second. Because we reject the board’s harmless error defense to the second contention by applying longstanding

1 precedent, we annul the board’s decision and remand for further proceedings. Statutory references are to the Labor Code unless…