Legal Opinion

Kuykendall v. Workers' Compensation Appeals Board

California Court of Appeal

Decided March 27, 2000No. B129003PublishedCited by 13 opinions

1Opinion of the Court

Opinion

KITCHING, J.—

I. Introduction

John Kuykendall (Kuykendall) seeks a writ of review after the Workers’ Compensation Appeals Board (Board) reversed the workers’ compensation administrative law judge (WCJ) and admitted evidence submitted by the State of California Subsequent Injuries Fund (SIF) after the mandatory settlement conference (MSC).

The issue presented is whether Labor Code section 5502, subdivision (d)(3) 1 precludes admission of previously undisclosed evidence after the MSC. 2 We hold that previously undiscovered evidence obtained and submitted after the MSC as rebuttal to…

2Cases cited14 opinions

  1. Estate of McDillCalifornia Supreme Court · 1975
  2. Garza v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  3. Dimmig v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  4. Lundberg v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1968
  5. Save Mart Stores v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1992

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3Cited by13 opinions

  1. City of Long Beach v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005
  2. Benson v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2009
  3. Costco Wholesale Corp. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2007
  4. Telles Transport, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2001
  5. Barri v. Workers' Comp. Appeals Bd., California Court of Appeal, 5th District2018

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