Home/Case Law/JOSE VARGAS vs. WEST COAST LIQUIDATORS, INC., dba BIG LOTS STORES, ARCH INSURANCE, Administered by SEDGWICK CMS
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JOSE VARGAS vs. WEST COAST LIQUIDATORS, INC., dba BIG LOTS STORES, ARCH INSURANCE, Administered by SEDGWICK CMS

Filed: Nov 18, 2019
Riverside
ADJ7761748

CompFox AI Summary

The Appeals Board granted reconsideration to address the recoverability of vocational expert costs and affirmed the applicant's 50% permanent disability rating. It held that the costs of vocational expert Robert Stoneburner's reports are recoverable, even if his opinions weren't found to be substantial evidence, as long as the expert was qualified and the costs were reasonable and necessary. The WCJ's credibility determination regarding the applicant was given significant weight, and the court found no basis to reject it. The case was remanded to determine the precise amount of recoverable expert costs.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to address the recoverability of vocational expert costs and affirmed the applicant's 50% permanent disability rating. It held that the costs of vocational expert Robert Stoneburner's reports are recoverable, even if his opinions weren't found to be substantial evidence, as long as the expert was qualified and the costs were reasonable and necessary. The WCJ's credibility determination regarding the applicant was given significant weight, and the court found no basis to reject it. The case was remanded to determine the precise amount of recoverable expert costs.

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JOSE VARGAS vs. WEST COAST LIQUIDATORS, INC., dba BIG LOTS STORES, ARCH INSURANCE, Administered by SEDGWICK CMS (2019) – Riverside | CompFox