Tuesday, August 26, 2003

WCJ May Accept After-Generated Evidence and Change Credibility Determination Upon Cudo Remand

In Ranbar Technology, Inc. v. WCAB (Riley) the WCJ initially denied the Claimant's petition alleging an organic brain syndrome and depression as a result of exposure to chemicals while working for the Employer. The WCJ drew a negative inference from the Claimant's failure to offer a hospital admission record. The Board entered a Cudo remand directing the WCJ to accept the missing record and any necessary medical testimony in support therof. The WCJ accepted records from the Veteran's Administration, EMT and hospital, some of which were generated after the WCJ circulated the initial decision. The WCJ then granted the Claimant's petition. The Commonwealth Court held this was all consistent with Cudo.

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