Home/Case Law/MARCUS GREAR vs. DEPARTMENT OF TRANSPORTATION; SCIF STATE EMPLYEES SACRAMENTO
Regular Decision

MARCUS GREAR vs. DEPARTMENT OF TRANSPORTATION; SCIF STATE EMPLYEES SACRAMENTO

Filed: May 26, 2010
ADJ1204838 (SAC 0337972)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant. The defendant argued the vocational evaluator identified other occupations the applicant could perform and that remanding the case was premature due to pending Supreme Court review in Duncan v. Workers' Comp. Appeals Bd. The Board found the WCJ had discretion regarding remand and that defendant could seek reconsideration if the WCJ issued a premature decision. In a separate matter, sanctions of $250 were imposed on applicant's counsel for filing a successive petition from a non-final order.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant. The defendant argued the vocational evaluator identified other occupations the applicant could perform and that remanding the case was premature due to pending Supreme Court review in Duncan v. Workers' Comp. Appeals Bd. The Board found the WCJ had discretion regarding remand and that defendant could seek reconsideration if the WCJ issued a premature decision. In a separate matter, sanctions of $250 were imposed on applicant's counsel for filing a successive petition from a non-final order.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.