Did You Remember to Include Those Exhibits with Your Appeal?
In the case of County of Mendocino v. Workers’ Compensation Appeals Board, the Court of Appeal denied a petition for writ of review because of a procedural error – it appears that the appellant failed to include exhibits pursuant to the California Rules of Court.
The rule, in pertinent part, reads:
“(1)A petition to review an order, award, or decision of the Workers’ Compensation Appeals Board must include:
(A)The order, award, or decision to be reviewed; and
(B)The workers’ compensation judge’s minutes of hearing and summary of evidence, findings and opinion on decision, and report and recommendation on the petition for reconsideration.”
Even in our time of electronic transmittals, one-click file-sharing, and EAMS connectivity, it appears that exhibits must still be attached to appeals.
From what your humble blogger can gather, the merits of the appeal were never reached.