WCPanelIQ
PanelGranted

Daniel Moore — ADJ20384548

DANIEL MOORE, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ20384548
Decision date
Sep 3, 2026
District office
San Francisco
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left shoulder

LC §5909LC §5900CCR §10402CCR §10600CCR §10805

Summary

Applicant Daniel Moore, a seasonal helper for UPS, claimed a specific injury to his left shoulder on January 15, 2024. After the initial application, all mail service to applicant was returned as undeliverable, and applicant failed to appear at depositions, multiple MSCs, and trial. Applicant's counsel petitioned to withdraw, citing an 'irrevocably broken down' relationship, and the WCJ relieved counsel and issued Findings that the record needed development and that the claim was not barred by the statute of limitations. Defendant sought reconsideration, arguing the record should not be developed given applicant's non-participation and that no injury AOE/COE was established. The Appeals Board granted reconsideration, rescinded the Findings, vacated the order relieving counsel, and reinstated counsel, finding that applicant was never afforded proper due process notice because the withdrawal petition, NIT, and order were all served on an undeliverable address. The matter was returned to the district office for development of the record and for counsel to make reasonable efforts to locate the client.

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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