Gee v. Workers' Compensation Appeals Board

Opinion

VARTABEDIAN, Acting P. J.

Shelly Gee (Gee) petitions this court by a writ of review challenging the decision of the Workers’ Compensation Appeals Board (WCAB). The WCAB weighed the relevant medical evidence without applying the treating physician’s presumption of correctness under Labor Code 1 section 4062.9 because the parties failed to raise the presumption as an issue by the time of trial. We find the presumption operative as a matter of law whenever the underlying facts meet the presumption’s conditions. We therefore conclude the WCAB erred by not applying the presumption and remand…