10.19d. ALJ's Failure to List Specific Findings of Fact in Decision or Reasons for Decision.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.19d. ALJ's Failure to List Specific Findings of Fact in Decision or Reasons for Decision SummariesChapter 1010.19d ALJ's Failure to List Specific Findings of Fact in Decision or Reasons for DecisionApril 1997. (Award) Failure by ALJ to list specific findings of fact upon which his/her decision is based does not require a remand to the ALJ for a reissuance of the decision. Instead the findings of fact as specifically set out by the Appeals Board should be sufficient for the parties purpose to determine the basis for any decisions rendered. Zimmer v. Central Kansas Medical Center, Docket No. 186,009. March 1997. (Ph) Where the Administrative Law Judge fails to state the reason for denying benefits, the Appeals Board will ordinarily remand that decision back to the Administrative Law Judge requesting he/she indicate the reason for denial. Then the Appeals Board will determine whether the basis for denial is jurisdictional and subject to review. Banh v. The Boeing Company, Docket No. 210,271. April 1994. (Award)...

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