Harklerode v. Young's Market Co

In Harklerode v. Young's Market Co. (1979) 44 Cal.Comp.Cases 561 7 Cal. Workers' Comp. Rptr. 120, the Board, en banc, had held a permanent disability may be determined pending vocational rehabilitation only if neither party objects or if vocational rehabilitation benefits are not actually being received. (44 Cal.Comp.Cases at p. 562 7 Cal. Workers' Comp. Rptr. 120.) The WCJ in Mosier therefore assumed he could not determine permanent disability if one party objected and dismissed the application for adjudication of permanent disability. Employee Mosier filed a petition for removal. In response, the WCJ confessed error and recommended the Board grant removal, which it did. (Ibid.)