Hall

Hall v. Workers' Compensation Appeals Board

Good Law
179 Cal. App. 3d 850·1986 Cal. App. LEXIS 1442·225 Cal. Rptr. 56·51 Cal. Comp. Cases 167
Court of Appeal of CaliforniaApril 7, 1986No. B016054California3,246 words

Opinion

Lead Opinion

Danielson, J.

Petitioners Ulda C. Hall, Sonya Michelle Hall, and Katy Munguia, dependents of Warren D. Hall, deceased, seek a writ of mandate compelling the Workers’ Compensation Appeals Board (Board) to vacate its August 5, 1985 order granting reconsideration and alternatively seek review and annulment of that order.

The principal issues presented are whether the Board complied with Labor Code section 5908.5 1 and whether it exceeded its authority under section *853 5903 2 by granting reconsideration for the purpose of obtaining an independent medical evaluation. We conclude that the Board did not exceed its authority under section 5903 but that it failed to comply with section 5908.5.

Facts

Warren Hall was employed by Southern California Rapid Transit District (RTD) from 1967 until September 10, 1983. On September 10, 1983, he died as a result of a myocardial infarction and cardiogenic shock.

Decedent worked as a bus driver during most of his employment, and was a schedule checker commencing sometime in January 1983. When decédent was working as a bus driver in early 1983, he told Bobby Hall, his co-employee and neighbor, that he could not ‘“take it’” anymore. Decedent told Ulda…

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