WCPanelIQ
PanelMed-legalGranted in Part

Jaime Villalobos — ADJ11340474, ADJ11340473, ADJ11340475

JAIME VILLALOBOS, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ11340474, ADJ11340473, ADJ11340475
Decision date
Feb 5, 2023
District office
Salinas
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back, sleep loss, side effects from medications, GERD, intestines, heart/hypertension, psyche

LC §5909LC §5900LC §5903LC §5902CCR §10955CCR §10396

Summary

Applicant Jaime Villalobos, a delivery driver/clerk, sought reconsideration or removal of a September 12, 2022 Minute Order closing discovery (except for the deposition of AME Dr. Mark Anderson). Applicant argued he received medical reporting shortly after the MSC revealing new diagnoses—including hypertension first diagnosed the day of the MSC—prompting amendment of his applications, and that closure of discovery was prejudicial and violated due process. The Board dismissed the petition to the extent it sought reconsideration, holding that the discovery-closure order was an interlocutory procedural order, not a final order. However, the Board granted removal, concluding the medical evidence adduced on the afternoon of the MSC constituted a changed circumstance and that closing discovery would significantly prejudice applicant's ability to develop the record on his newly pleaded injuries. The Board rescinded the order closing discovery and suggested the WCJ consider consolidating the three pending cases.

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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