Rielli v. Workers' Compensation Appeals Board

Opinion

BANCROFT, J. *

We granted the petition for writ of review in this case in order to examine the resolution by the Workers’ Compensation Appeals Board (board) of an unusual factual situation arising under Wilkinson v. Workers' Comp. Appeals Bd. (1977) 19 Cal.3d 491 [138 Cal.Rptr. 696, 564 P.2d 848]. We conclude that the evidentiary record is insufficient, both as support for the board’s decision and alternatively as a basis upon which we might direct the appropriate resolution of the case. Accordingly, we annul the board’s decision and remand the case.

We first briefly state the applicable…