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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7198861
Regular
Dec 06, 2013

MARK PAPISH vs. SOLANO GARBAGE COMPANY, ZURICH INSURANCE

In Mark Papish v. Solano Garbage Company, both applicant and defendant sought reconsideration of a September 27, 2013 decision. The Workers' Compensation Appeals Board granted these petitions, citing the need for further study of the factual and legal issues. This action is intended to allow for a complete understanding of the record and to ensure a just decision after reconsideration. All future filings in this matter must be submitted in writing directly to the WCAB Commissioners' Office.

Workers' Compensation Appeals BoardPetitions for ReconsiderationSolano Garbage CompanyZurich InsuranceCannon Cochran Management ServicesMark PapishOakland District OfficeDelana E. LoweW.A.R.R.R.Ronnie G. Caplane
References
0
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
4
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
2
Case No. ADJ9343248
Regular
Dec 07, 2017

LONNY BUBAK vs. SOLANO COUNTY SHERIFFS DEPARTMENT

This case, concerning a workers' compensation claim by Lonny Bubak against Solano County Sheriff's Department, involves the application of Labor Code section 4062.9, which presumes the correctness of a treating physician's opinion. The Appeals Board denied the defendant's petition for reconsideration, affirming the administrative law judge's finding that the defendant failed to rebut this presumption. This means the defendant did not provide sufficient evidence to disprove the industrial nature of the injury as determined by the treating physician. Therefore, the Appeals Board was bound to accept the treating physician's opinion as correct.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgePresumptionLabor Code Section 4062.9Treating PhysicianBurden of ProofRebuttalIndustrial RelationshipSolano County Sheriffs Department
References
2
Case No. ADJ8246477
Regular
Apr 03, 2014

FLAVIO SOLANO vs. HESS COLLECTION WINERY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Flavio Solano's petition for reconsideration because it was not taken from a final order determining substantive rights or liabilities. The WCAB also denied applicant's petition for removal, adopting the administrative law judge's reasoning that substantial prejudice or irreparable harm was not demonstrated. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderInterlocutory OrdersSubstantive RightLiabilityRemovalSubstantial PrejudiceIrreparable HarmAdministrative Law JudgeReport and Recommendation
References
9
Case No. ADJ8363948
Regular
Oct 19, 2012

NICOLE NELSON vs. COUNTY OF SOLANO, INTERCARE HOLDINGS INSURANCE SERVICES

The defendant County of Solano sought removal to obtain a new panel of Qualified Medical Evaluators (QMEs) due to alleged ex parte communications between the applicant and the current QME. The Appeals Board denied this petition, finding that the communications were either insignificant and inconsequential or related to the QME examination itself. Specifically, emails concerning necessary forms and an insignificant mention of a claims adjuster's number did not violate the ex parte communication prohibition. Therefore, the WCJ's denial of the defendant's request for a new QME panel was upheld.

Petition for RemovalQualified Medical Evaluator (QME)ex parte communicationLabor Code section 4062.3termination of evaluationreplacement panelinsignificant communicationinconsequential communicationindustrial injurypsyche
References
1
Case No. MISSING
Regular Panel Decision
Nov 25, 2003

Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor

This case concerns an appeal challenging a determination by the Town of Tonawanda that certain properties owned by the petitioner are subject to special ad valorem levies for garbage collection. The properties, described as narrow corridors with electric and natural gas lines, allegedly generate no solid refuse. The Supreme Court, Erie County, dismissed the petition, concluding the properties were indeed "benefitted" and properly taxable. The appellate court unanimously affirmed this decision, holding that the properties are capable of receiving the service, a potential or theoretical benefit being sufficient for taxation. The court emphasized that the innate characteristics of the property, rather than the owner's proclivities, dictate benefit.

Property TaxationAd Valorem LevySpecial DistrictsGarbage CollectionReal Property LawBenefit AssessmentTaxation ChallengeMunicipal ServicesErie CountyTown of Tonawanda
References
2
Case No. ADJ8111569
Regular
Oct 27, 2014

Tina Solano vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board denied Tina Solano's petition for reconsideration, reaffirming its prior decision to grant reconsideration to Wal-Mart Associates, Inc. The Board previously rescinded an award of permanent disability and attorney's fees, ordering a new rating based on Dr. Scheinberg's opinion over Dr. Mays' findings. Applicant argued Dr. Scheinberg's opinion lacked substantial medical evidence, but the Board found it to be the most persuasive, based on objective verification of observed conditions rather than unverified subjective complaints. The Board remains persuaded its prior determination accurately reflects the applicant's permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationPrimary Treating PhysicianPermanent Disability RatingDr. ScheinbergDr. MaysThoracic Outlet SyndromeBrachial Plexus SyndromeDiagnostic TestingMedical Evidence
References
0
Case No. ADJ7785257
Regular
Mar 30, 2015

JOHN HUTTMAN vs. SOLANO COUNTY PROBATION, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of an adverse ruling for John Huttman, applicant, against Solano County Probation. The Board adopted the judge's report, which found Huttman to be an incredible witness. Key evidence included the applicant's prior medical history, the impeachment of his witness, and proof that the alleged injury report to a supervisor was impossible. Therefore, the Board upheld the denial of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.industrial causationadverse rulingdisputed claimwitness credibilityimpeached witnessjuvenile wards
References
3
Case No. ADJ4247629
Regular
Feb 14, 2013

KENNETH SOLANO vs. COLTON DISPOSAL, ACE USA, CANNON COCHRAN MANAGEMENT SERVICES, INC.

This case involves Kenneth Solano's workers' compensation claim where the employer, Colton Disposal, and its insurer are challenging an order directing them to pay Dr. Robert Rose, the applicant's Qualified Medical Evaluator (QME). The employer argued that QMEs must file liens for payment and that the order would cause irreparable harm. The Workers' Compensation Appeals Board (WCAB) denied the employer's petition for removal, adopting the WCJ's report. The WCAB admonished the employer for its "frivolous" contention regarding QME payment, noting that the employer failed to pay or object to Dr. Rose's admitted medical-legal expenses, thereby obstructing discovery.

Workers' Compensation Appeals BoardRemovalQualified Medical EvaluatorMedical-Legal ExpensesLabor Code Sections 4061/4062Official Medical Fee SchedulePetition for CreditThird Party CreditParkinson's DiseaseIndustrial Injury
References
1
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