Home/Case Law/POTELLO, ROBERTO vs. SANTA BARBARA PLUMBING, SOUTHERN INSURANCE COMPANY
Regular DecisionWorkers' Compensation

POTELLO, ROBERTO vs. SANTA BARBARA PLUMBING, SOUTHERN INSURANCE COMPANY

Filed: Feb 19, 2020
Oxnard
ADJ7728640

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (ALJ) Findings and Orders, which found applicant sustained injury to multiple body parts and ordered further development on the issue of permanent disability apportionment. The applicant sought removal, arguing the ALJ improperly shifted the burden of proof for apportionment to them. The WCAB found removal was not warranted because the applicant did not demonstrate significant prejudice or irreparable harm, and reconsideration would be an adequate remedy. Therefore, the WCAB upheld the ALJ's decision to continue the medical record development on apportionment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (ALJ) Findings and Orders, which found applicant sustained injury to multiple body parts and ordered further development on the issue of permanent disability apportionment. The applicant sought removal, arguing the ALJ improperly shifted the burden of proof for apportionment to them. The WCAB found removal was not warranted because the applicant did not demonstrate significant prejudice or irreparable harm, and reconsideration would be an adequate remedy. Therefore, the WCAB upheld the ALJ's decision to continue the medical record development on apportionment.

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