The WCJ’s issues a decision that relied on the report of a vocational expert listed as a defense exhibit on the pretrial conference statement. At trial the defendants objected to the admission of the report into evidence even though the defendant objected to it at the time of trial.
The WCAB agreed with the WCJ. The WCAB found nothing in LC 5502 indicating that only the party listing a particular documentary exhibit may present it.
The WCAB found that there was no surprise to the defendant by introduction of the report and no other reason to exclude it.
The WCAB upheld their agreement with the WCJ who relied on the vocational expert’s report, along with reports from an AME and QME, to find that the applicant was 100 percent totally disabled.