RAMIRO SOLORIO, Applicant vs. CALIFORNIA COMMUNITY NEWS and ACE AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT INSURANCE SERVICES, Defendants
ADJ number
ADJ10564064
Decision date
Apr 24, 2025
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Gallagher Bassett Insurance Services (administering ACE American Insurance Company)
Commissioners
—
Injury / body parts: lumbar spine, left shoulder, left elbow, gastrointestinal system (GERD), hypertension, left hip (claimed), left knee (claimed), psyche (withdrawn)
Applicant Ramiro Solorio sustained an admitted specific orthopedic injury (lumbar spine, left shoulder, left elbow) on June 16, 2016, and a cumulative trauma internal injury (gastrointestinal/GERD and hypertension) over the period September 1, 1996 to July 2, 2016, while working as a truck driver/loader/unloader. The WCJ issued a Second Amended Joint Findings and Award granting temporary disability up to 104 weeks, 54% PD in the specific injury case, 67% PD in the cumulative trauma case, and future medical care, rejecting all apportionment opinions as not constituting substantial medical evidence. Defendants petitioned for reconsideration challenging the 104-week TD award, the alleged failure to address claimed body parts, and the rejection of apportionment per Drs. Rogachefsky and Simon. The Appeals Board, adopting and incorporating the WCJ's Report, denied reconsideration, finding the TD award supported by reasonable inferences from medical evidence and testimony, the body part findings properly based on substantial medical evidence, and the apportionment opinions conclusory and skeletal under Escobedo. The Board also addressed timeliness under the amended Labor Code section 5909, finding it acted within 60 days of case transmission.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.