Berger v. General Motors Corp.

I respectfully dissent. I do not believe that it can be concluded that the wcab did not find the written hearsay statements of Dr. House unworthy of belief. By concluding that the plaintiff had not fulfilled his burden of proof, the wcab implicitly concluded that it was not convinced by Dr. House’s statements.

In addition, the wcab is not required to accept hearsay statements, such as were presented in the instant case, even if they are unrebutted.1 While the majority correctly notes that this Court has held that hearsay statements may be considered by the wcab when no objection is raised,…