Tina Solano — ADJ8111569

Tina Solano sustained a March 6, 2006 industrial injury while working as a stocker for Wal-Mart, with disputed body parts including bilateral upper extremities, neck, and thoracic outlet syndrome (TOS). After multiple rounds of litigation and reconsideration, the WCJ's August 27, 2020 Findings and Award found 82% permanent disability based on QME Dr. Mays' opinion. Defendant challenged the 82% rating, arguing Dr. Mays' opinion was not substantial medical evidence given inconsistent surveillance video, and contended that primary treating physician Dr. Scheinberg's April 17, 2020 supplemental report (excluded at trial) should be admitted. The Board found Dr. Scheinberg's report admissible as a treating physician report and a continuation of his deposition testimony, of which applicant was on notice. The Board rescinded the Findings and Award and remanded for the WCJ to admit Dr. Scheinberg's report and allow applicant to obtain an updated report from Dr. Mays.