Nielsen Freight Lines v. Workers' Compensation Appeals Board

We note initially that real party in interest, John W. Parris, has not appeared in this proceeding by his failure to file either a return to the writ of review or any points and authorities in opposition to the requested relief. We find this unusual as it is the award to Parris which is at issue. We have also requested and received from respondent Workers’ Compensation Appeals Board (Board) points and authorities on the issue of apportionment, though Board, in accordance with its policy, had not contemplated participation in these proceedings. It is therefore suggested that any attorney’s fees for real party’s attorney for services in connection with this appellate review would be inappropriate.

Nielsen Freight Lines (Nielsen) and its workers’ compensation insurance carrier, Truck Insurance Exchange (hereafter petitioner) petitioned for writ of review to annul an award to respondent Parris of a 42 percent permanent disability rating. The award was affirmed by the respondent Board upon petition for reconsideration filed by petitioner. Petitioner asserts: (1) that a procedural error in the service on petitioner of the second disability rating deprived them of due process;…