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PanelDenied

Botto, Steve

STEVE BOTTO, Applicant vs. WASTE MANAGEMENT OF ALAMEDA COUNTY; ACE AMERICAN INSURANCE COMPANY INC., ADJUSTED BY GALLAGHER BASSETT SERVICES INC., Defendants

ADJ number: ADJ10112147
Decision date: Jul 31, 2025
District office: Oakland
WCJ: —
Claim administrator: Gallagher Bassett Services Inc. (adjusting for ACE American Insurance Company Inc.)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, thoracic spine, lumbar spine, left shoulder, right shoulder

LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Steve Botto sustained an industrial injury to his cervical spine, thoracic spine, lumbar spine, and both shoulders while working as a truck driver/hostler/garbageman for Waste Management of Alameda County through August 13, 2015. After the injury finding became final (the November 22, 2019 Opinion and Decision After Reconsideration affirming the May 15, 2018 Findings, Award & Orders), a subsequent WCJ decision resolved only intermediate procedural or evidentiary issues. Defendants filed a Petition for Removal challenging that decision. The Board determined the decision was not 'final' and that the petition was properly filed as one for removal, then denied removal because petitioner failed to show substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.