WCPanelIQ
PanelGranted in Part

Juan Maldonado — ADJ9105321

JUAN MALDONADO, Applicant vs. SO CAL REGION OVERNIGHT, INC., DBA EXPAK GROUND; PRAETORIAN INSURANCE COMPANY, Defendants

ADJ number
ADJ9105321
Decision date
Mar 27, 2022
District office
Pomona
WCJ
—
Claim administrator
Praetorian Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
LC §5904CCR §10955

Summary

Applicant Juan Maldonado's case involved a WCJ's August 9, 2021 Findings and Order that included a threshold finding (final) and interlocutory findings regarding development of the record and recalculation of average weekly earnings. The petitioner challenged only the interlocutory findings concerning the recalculation of average weekly earnings and temporary disability. The Board granted reconsideration to clarify that there was no final order as to the issue of earnings, applying the removal standard since only interlocutory issues were challenged. The Board amended Finding of Fact 2 to defer the issues of average weekly earnings and temporary disability, returning them to the trial level for further proceedings. The Board otherwise affirmed the WCJ's decision, finding no significant prejudice or irreparable harm warranting removal.

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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