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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I just received a one page denial from Recon, no specifics.

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I just received a one page denial from Recon, no specifics. But they did say, “Finally, we note that the Petition raises the issue of commutation of permanent disability benefits, among other issues, but any new issues not raised at the Trial are not properly before the Board and must be addressed by the WCJ in the first instance.”

What does this mean? The new issues all prove the claim but were never addressed by the Court. Do I get to go back to the WCJ for rulings on these issues?
Hello,

The WCB cannot consider a new issue on appeal, unless and until the issue has been first considered by the WCJ. Apparently, you have raised new issues on appeal -- or, at least the WCB believes that they are new issues, because you haven't identified where the WCJ has considered the issues previously.

So, yes, you would have to bring the new issues to the WCJ, before you can ask for reconsideration.

Hope this helps.

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