Ogden Entertainment Services v. Workers' Compensation Appeals Board

— The workers’ compensation judge (hereafter WCJ) found respondent Kristian Von Ritzhoff (hereafter Von Ritzhoff) totally permanently disabled. The Workers’ Compensation Appeals Board (hereafter appeals board) denied the petition for reconsideration and adopted the WCJ’s decision as its own. Von Ritzhoff obtained this lifetime award even though he refused to subject himself to cross-examination.

We annul the appeals board’s decision because the due process right of defendant Ogden Entertainment Services (hereafter defendant) to cross-examination was violated. We remand with directions for new proceedings consistent with this opinion.

The Original Orthopedic Injury

Von Ritzhoff sustained injuries on March 16, 1996, to his right ankle, right hand, back and psyche while working as a banquet server for defendant. The orthopedic injuries were admitted. Defendant denied the claim of an industrial psychiatric injury.

The orthopedist, who performed three surgeries on Von Ritzhoff’s right ankle, Dr. Forman, found Von Ritzhoff’s right ankle permanent and stationary as of October 25, 2005. Save for its significance as the origin of Von Ritzhoff’s psychiatric injuries, the…