What is the test for review of a decision by the California Appeal Board?

California, United States of America


The following excerpt is from Allied Signal Aerospace v. Workers' Comp. Appeals Bd., 247 Cal.Rptr.3d 802, 35 Cal.App.5th 1077 (Cal. App. 2019):

Review by this court of an appeals board decision is limited to a decision that is in excess of the appeals board's jurisdiction, that is procured by fraud or is unreasonable, or is not supported by substantial evidence. ( 5952.) An unreasonable decision under section 5952 is one that is not supported by substantial evidence or the use of unreasonable or arbitrary procedures. (2 Hanna, supra , 34.18[1], p. 34-32.) When determining whether the appeals board's conclusion was supported by substantial evidence, the evidence should be considered in light of the entire record. ( 5952, subd. (d) ; LeVesque v. Workers' Comp. Appeals Bd. (1970) 1 Cal.3d 627, 637, 83 Cal.Rptr. 208, 463 P.2d 432.)

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