Dickinson v. American Medical Response

OPINION

In this appeal, we address the use of equitable estoppel and waiver principles in administrative workers’ compensation proceedings, as well as the appeals officer’s duty to make factual findings in rendering a determination. We conclude that equitable estoppel and waiver principles may be applied in workers’ compensation proceedings, and therefore, since those principles generally require a factual determination, the appeals officer has authority to and must consider them in the first instance. Further, we reiterate that, in resolving aspects of a contested case, including equitable…