Vior, Julie

Applicant Julie Vior, a painter, had two consolidated claims: a specific right knee injury (ADJ8555784, 13% PD) and a cumulative trauma to elbows, wrists, hands and right shoulder (ADJ9828972), for which the WCJ awarded 100% permanent total disability without apportionment to a prior 2010 Stipulated Award of 68.5% PD for an earlier upper-extremity CT. On October 3, 2023, the Appeals Board affirmed but amended the decisions, deferring permanent disability and apportionment in ADJ9828972 and directing the WCJ to develop the record and address whether Dr. Newton's reporting was substantial evidence of apportionment under section 4663 and whether Labor Code sections 4664(c)(1)(E) and 4662(a)(2) applied. Applicant sought removal, arguing the further development would cause significant prejudice and delay her constitutional right to expeditious resolution. The Board found its October 3, 2023 decision was a hybrid (threshold and interlocutory) decision and evaluated the petition under the removal standard. The Board denied removal, holding applicant failed to demonstrate significant prejudice or irreparable harm, that reconsideration would be an inadequate remedy, and that the constitutional provision was not self-executing.