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Rudloff: three strikes, you're out.

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Rudloff: three strikes, you're out.

On September 25, 2014 the Court of Appeals issued its decision in Upton v. Standard Parking Group. The Board reversed ALJ Rudloff on his award of the three times multiplier, the Court of Appeals affirmed the Board. There was no evidence from which the ALJ could conclude that Upton is unlikely to earn her current wage for the indefinite future.

Comment: This case has been on appeal for three years. The Board originally vacated and remanded in 2012. ALJ Rudloff issued an opinion on remand in January, 2013. In October, 2013 the Board again vacated the decision and remand. The ALJ issued yet another opinion in January, 2014. The Board reversed for the third time in May, 2014.

In the first nine months of 2015 there have been 13 appellate decisions where he was the ALJ. He has been affirmed three times (23%). In this particular case he was 0 for 3 over a period of three years.

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