Board

In this case we are called upon to consider which of two policies designated by the Legislature will prevail when a party to a workers’ compensation proceeding seeks to introduce evidence without having made the required pretrial disclosure to the opposing party. We have determined that the rulings of the workers’ compensation referee (WCR), as upheld by the Workers’ Compensation Appeals Board (Board), improperly allowed applicant Vickie McKernan (Applicant) to circumvent the disclosure requirements of Labor Code section 5502, subdivision (d) by relying on the power to “develop the record” set out in sections 5701 and 5906. Accordingly, we will annul the order under review and remand for further proceedings.

Statement of Facts

As this case involves a procedural issue, we need not summarize the facts in any detail. Applicant was employed as a respiratory therapist by respondent San Bernardino Community Hospital (Employer). She claimed benefits under the workers’ compensation laws for injury to her psyche allegedly caused by her working conditions. Employer disputed her claim. As the parties could not reach agreement, the matter was scheduled to be heard and resolved by a…