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PanelQMEMed-legalGranted

Jettlund, Vernon

VERNON JETTLUND, Applicant vs. SAMSUNG DATA SOLUTIONS, AMERICA; SAMSUNG FIRE & MARINE INS., administered by BROADSPIRE, Defendants

ADJ number: ADJ17674058
Decision date: Nov 12, 2024
District office: San Jose
WCJ: —
Claim administrator: Broadspire (administering Samsung Fire & Marine Ins.)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: continuous trauma (unspecified body parts)

LC §5903LC §5952LC §5313CCR §10745CCR §10758CCR §10955CCR §10205CCR §10305CCR §10400CCR §10401CCR §10787

Summary

Applicant Vernon Jettlund filed a Petition for Removal challenging a WCJ's order taking his case off calendar at the April 25, 2024 mandatory settlement conference. The WCJ took the matter off calendar at defendant's request over applicant's objection, citing the need for joinder of the carrier with the majority of CT exposure and clarification regarding coverage and a QME report, but did not make an adequate record, admit evidence, or articulate his reasoning. The Appeals Board found that the WCJ failed to support his decision with substantial evidence or provide a complete record as required. The Board granted removal, rescinded the off-calendar order, and returned the matter to the district office for a status conference under WCAB Rules 10745 and 10758 to determine what further discovery, if any, is necessary before trial.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.