Kuykendall
Kuykendall v. Workers' Compensation Appeals Board
Opinion
Opinion
Kitching, J.
I. Introduction
John Kuykendall (Kuykendall) seeks a writ of review after the Workers’ Compensation Appeals Board (Board) reversed the workers’ compensation administrative law judge (WCJ) and admitted evidence submitted by the State of California Subsequent Injuries Fund (SIF) after the mandatory settlement conference (MSC).
The issue presented is whether Labor Code section 5502, subdivision (d)(3) precludes admission of previously undisclosed evidence after the MSC. We hold that previously undiscovered evidence obtained and submitted after the MSC as rebuttal to unanticipated testimony at trial is admissible when necessary to accomplish substantial justice.
We remand for further hearing to allow Kuykendall an opportunity to respond to the evidence relied on by the Board.
II. Factual and Procedural Summary
On October 15, 1992, Kuykendall applied for disability retirement through Los Angeles County Employees’ Retirement Agency (LACERA). He retired on a disability pension in 1993.
On September 20, 1994, Kuykendall filed an application for benefits from the SIF pursuant to section 4751. The application stated he had a preexisting permanent disability as follows: “back…