WCPanelIQ
PanelQMEMed-legalDenied

Nunes, Grace

GRACE NUNES, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ8210063
Decision date
Feb 26, 2025
District office
Fresno
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSE H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, left shoulder, bilateral upper extremities

LC §4663LC §5313LC §5701LC §5900LC §5902LC §5903LC §5906LC §5909CCR §10955

Summary

Applicant Grace Nunes sustained two admitted industrial injuries while working as a field representative for the California DMV. After the WCJ initially awarded unapportioned permanent total disability based on vocational expert reporting, the Board issued its en banc decisions in Nunes I and Nunes II rejecting 'vocational apportionment' and requiring proper analysis of medical apportionment under Labor Code section 4663. On remand, the WCJ ordered development of the record by directing the parties to provide the QME and both vocational experts with the en banc decisions and to obtain supplemental reporting. Applicant sought removal/reconsideration arguing the additional discovery would cause prejudicial delay. The Board denied relief, holding that the WCJ acted within his broad discretion to develop the record and that applicant failed to demonstrate substantial prejudice or irreparable harm under the removal standard.

Issues

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Holding

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Analysis

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Defense takeaway

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