M/A Com-Phi v. Workers' Compensation Appeals Board

Avedis Sevadjian admittedly sustained electrical shock and injury while at work. The Workers’ Compensation Appeals Board (WCAB) awarded benefits based upon the reports of the employer’s doctors, who were not provided with impeaching surveillance films. The employer contends that without such information, its doctors’ reports cannot be substantial evidence, and we agree. The employer further argues this leaves the employee without any evidence with which to award compensation. We disagree. Instead, the decision is annulled and ordered remanded to further develop the medical record as requested by respondent and suggested by the workers’ compensation judge (WCJ).

*1022 Factual and Procedural Background

Avedis Sevadjian worked as an equipment maintenance manager for M/A Com-Phi since 1977. His duties included troubleshooting various sophisticated electronic production machines. On February 20, 1992, Sevadjian received an electrical shock while repairing a high-voltage “Ion Implanter,” which is not in dispute. The hospital records described a burn on the right hand and small abrasion to the right thumb.

The employer admitted injury to the right hand, arm and head, and paid…