State Compensation Insurance Fund v. Workers' Compensation Appeals Board

A workers’ compensation judge (WCJ), applying the rebut-table presumption of compensability provided in Labor Code section 5402, barred evidence offered by defendant State Compensation Insurance Fund (SCIF) concerning its admitted noncompliance with the statute and determined that an applicant was 100 percent permanently disabled due to industrial injury. SCIF petitioned for reconsideration, and the Workers’ Compensation Appeals Board (Board) denied reconsideration, upholding the WCJ. SCIF sought review in this court, contending that the WCJ had erred in finding applicant’s injuries compensable in view of the extensive medical record demonstrating nonindustrial causation. Both the applicant and applicant’s health care provider (Kaiser Permanente, The 4600 Group, referred to herein as Kaiser) answered the petition, contending that failure to apply Labor Code section 5402 in this instance would render the legislation, enacted as part of Legislature’s effort in 1989 and 1990 to reform the workers’ compensation system, meaningless. We agree, and affirm the determination of the Board.

Facts and Procedural History

Applicant Sam Welcher, born June 25, 1930, worked from January…