This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Worker appealed from the Workers’ Compensation Administration's (WCA) compensation order, which awarded him temporary total disability benefits and permanent partial disability benefits for psychological injuries but denied permanent partial disability benefits for his alleged physical injuries.
Procedural History
- Appeal from the Workers’ Compensation Administration, Reginald C. Woodard, Workers’ Compensation Judge.
Parties' Submissions
- Worker-Appellant: Argued that he was denied a fair "trial," received ineffective assistance of counsel, and contested numerous findings of the WCA as erroneous.
- Employer/Insurer-Appellees: Supported the WCA's decision and opposed the Worker's appeal, arguing that the evidence supported the WCA's findings.
Legal Issues
- Whether the Worker was denied a fair "trial."
- Whether the Worker received ineffective assistance of counsel.
- Whether the WCA's findings were supported by substantial evidence.
Disposition
- The Court of Appeals affirmed the WCA's compensation order.
Reasons
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Per J. MILES HANISEE, with JAMES J. WECHSLER and M. MONICA ZAMORA concurring, the court found:The Worker failed to demonstrate any error in the manner in which the hearing was conducted or that the hearing was conducted unfairly (para 2).The Worker is not entitled to effective assistance of counsel in a WCA proceeding, and his assertion of contrary facts did not provide a basis for reversal of the WCA’s order (para 2).The appellate court reviews workers’ compensation orders using the whole record standard of review, and the Worker's continued argument for reversal based on contrary facts, without demonstrating why the evidence in the whole record does not support the WCA’s finding, does not provide a basis for reversal (para 3).The court declined to consider Worker’s proposed exhibits as they were not clearly part of the record below and stated that the WCA’s order was supported by evidence in the whole record. Even if the exhibits were considered, they would not change the outcome as they are simply contrary evidence to the evidence relied on by the WCA (para 3).
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