Sharareh

Sharareh v. Workers' Compensation Appeals Board

Good Law
156 Cal. App. 4th 189·2007 Cal. App. LEXIS 1726·67 Cal. Rptr. 3d 147·1 Cal. WCC 989
Court of Appeal of CaliforniaOctober 18, 2007A113864California2,185 words

Opinion

Opinion

Kline, J.

Shahiram and Violeta Sharareh (petitioners), successors in interest to the estate of their son Sina Sharareh (Sharareh), seek to annul an order of the Workers’ Compensation Appeals Board (Board) denying their son compensation for injuries he suffered when he was shot in the throat. They challenge the failure of the arbitrator to prepare a summary of evidence, as well as the Board’s conclusion that the injuries their son suffered were not the proximate result of work he performed as a confidential police informant and, hence, were not compensable.

In the published portion of this opinion, we discuss the legal consequences of the failure to prepare a summary of evidence, and conclude that without one, we are unable to conduct a meaningful review of the Board’s order. We therefore annul the Board’s order and remand the case for the preparation of a summary of evidence, and for a new order consistent with this opinion.

I. PROCEDURAL AND FACTUAL BACKGROUND

After being shot in the throat on December 24, 1999, by an individual named Matthew Anderson (Anderson), Sharareh filed an application for workers’ compensation benefits, alleging his injuries were compensable under Labor…

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