A workers' compensation court cannot determine a claim on the basis of a psychiatric or psychological condition (such as 'functional overlay') where no such condition was pleaded, relied upon in evidence, or raised in submissions, as this denies the opposing party procedural fairness by depriving them of the opportunity to obtain expert evidence on that issue. However, an informal concession of partial incapacity made during submissions does not constitute an abandonment of a pleaded claim for total incapacity.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.