WCPanelIQ
PanelDenied

Solorio, Ramiro

RAMIRO SOLORIO, Applicant vs. CALIFORNIA COMMUNITY NEWS and ACE AMERICAN INSURANCE COMPANY, administered by GALLAGHER BASSETT INSURANCE SERVICES, Defendants

ADJ number
ADJ10564064
Decision date
Date unavailable
District office
Van Nuys
WCJ
Feddersen
Claim administrator
Gallagher Bassett Insurance Services (administering for ACE American Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left knee, left hip, right hip, buttocks, bilateral upper extremities, bilateral shoulders, psyche, internal, lumbar spine, left shoulder, left elbow, gastrointestinal, hypertension

LC §5701LC §5900LC §5902LC §5903LC §5906LC §5909LC §5813CCR §10955CCR §10600CCR §10832CCR §10421CCR §10205.5CCR §10400

Summary

Applicant Ramiro Solorio claimed a specific injury (June 16, 2016) and a cumulative trauma injury (1996-2016) while working as a truck driver/loader/unloader for California Community News. The WCJ issued an Amended Joint Findings and Award along with a Notice of Intention to appoint a regular physician in psychology or psychiatry, finding the record required development before parts of body, disability, apportionment, and other issues could be resolved. Defendant sought reconsideration or removal, arguing that since applicant raised psyche but offered no evidence, the WCJ should have found applicant failed to meet his burden of proof. The Board treated the challenge as one for removal because the finding regarding development of the record is interlocutory, not final. The Board denied both reconsideration and removal, holding that developing the record prevents prejudice rather than causing it, and that challenging a notice of intention (rather than an actual order) is premature. The Board also admonished defense counsel for citing unpublished decisions.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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