WCAB

Telles Transport, Inc. (Telles) petitions this court by a writ of review challenging the decision of the Workers’ Compensation Appeals Board (WCAB or Board). On reconsideration, the WCAB remanded the matter to the workers’ compensation administrative law judge (WCJ) to admit medical evidence that respondent Luis Zuniga purposely excluded from the record. We find Zuniga’s trial tactics contrary to the Legislature’s mandate of full disclosure in workers’ compensation proceedings as determined under San Bernardino Community Hospital v. Workers’ Comp. Appeals Bd. (1999) 74 Cal.App.4th 928 [ 88 Cal.Rptr.2d 516 ] (San Bernardino); accordingly, we annul the WCAB’s decision and remand for further proceedings.

Factual and Procedural Summary

Zuniga began working for Telles as a truck driver in July 1999. In December 1999, Zuniga filed a workers’ compensation claim alleging an injury to his left knee occurred during the course and scope of his employment. Telles disputed the claim and contended the injury was not industrially related.

On May 16, 2000, the parties participated in a workers’ compensation mandatory settlement conference (MSC). At the MSC, Zuniga’s counsel made a…