WCPanelIQ
PanelGranted

Nelson, Russell

RUSSELL NELSON, Applicant vs. RENAISSANCE HOLLYWOOD HOTEL; MARRIOTT INTERNATIONAL, INC., Permissibly Self-Insured and Self-Administered, Defendants

ADJ number
ADJ3970584
Decision date
Date unavailable
District office
Los Angeles
WCJ
—
Claim administrator
Marriott International, Inc., Permissibly Self-Insured and Self-Administered
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: back, right hip, left shoulder, left elbow, teeth, abdomen, digestive system, excretory system, left arm, left wrist, left hand and fingers, right leg, right foot, right ankle, right knee, left hip, internal/other body parts

LC §5909LC §5313LC §5502LC §5803LC §5903LC §5952LC §5952(d)CCR §10761CCR §10517CCR §10759

Summary

Applicant Russell Nelson, in pro per, sought reconsideration of a June 6, 2023 Order Dismissing Particular Injury Claims that dismissed claims to his teeth, abdomen, digestive system, excretory system, and other internal body parts based on a signed Stipulation. The WCJ issued the Order following off-the-record discussions at a May 31, 2023 MSC without creating an evidentiary record. The Board first addressed the Shipley issue, finding its time to act was tolled because applicant's timely-filed petition was not properly processed by the district office. On the merits, the Board held the Order was not supported by substantial evidence because there was no medical evidence in the record and the WCJ created no record before issuing the Stipulation and Order. The Board granted reconsideration, rescinded the Order, and returned the matter to the WCJ for further proceedings.

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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