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PanelDenied

Wilson, Sean

SEAN WILSON, Applicant vs. COSTCO WHOLESALE CORPORATION; LIBERTY MUTUAL, administered by HELMSMAN MANAGEMENT SERVICES, LLC, Defendants

ADJ number: ADJ9349870
Decision date: Nov 20, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Helmsman Management Services, LLC (administering for Liberty Mutual)
Commissioners: —

LC §5701LC §5906CCR §10955CCR §10325

Summary

Applicant Sean Wilson filed a Petition for Removal challenging the WCJ's order to develop the record by obtaining supplemental vocational expert reporting. The WCJ had vacated submission of the case in chief after the en banc decision in Nunes v. DMV, finding the existing vocational reports non-compliant with Nunes. Applicant argued the case (approximately eight years old) should be decided on the current record without further development, partly because a Petition for Reconsideration was pending in Nunes. The Board found the Nunes appeal argument moot because reconsideration there was denied on August 29, 2023, and held the WCJ had discretion to develop the record. The Board denied removal, finding applicant failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy.

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.