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

Case No. MISSING
Regular Panel Decision

Solorio v. Asplundh Tree Expert Co.

Plaintiff Hector Solorio suffered a severe brain injury after falling 30-40 feet from an aerial lift while working. He sued the lift's manufacturers, the Asplundh parties, who then impleaded Solorio's employer, Samar Tree Service, Inc., and its owner for indemnification. Samar moved for summary judgment, arguing that New York Workers’ Compensation Law § 11 barred the third-party claims because Solorio did not sustain a "grave injury." The court analyzed conflicting medical expert testimony regarding Solorio's permanent total disability and unemployability. Finding a genuine issue of material fact as to whether Solorio's brain injury constituted a "grave injury" under the statute, the court denied Samar's motion for summary judgment.

Workers' Compensation LawGrave InjuryPermanent Total DisabilitySummary Judgment MotionPersonal InjuryAerial Lift AccidentBrain InjuryMedical Expert OpinionEmployabilityThird-Party Indemnification
References
29
Case No. ADJ8251949
Regular
Jun 18, 2014

CLIDA SOLORIO vs. CARL'S JR., TRAVELERS PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in the case of *Solorio v. Carl's Jr.* The WCAB adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ) and gave significant weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ8251949Carl's Jr.Travelers Property and CasualtySolorioadministrative law judge
References
1
Case No. ADJ8396939, ADJ8169531
Regular
Feb 15, 2019

JUAN SOLORIO vs. REZEK LIGHTING ALTEMIDE, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, applicant Juan Solorio filed a Petition for Reconsideration. However, the petitioner subsequently withdrew this petition. Consequently, the Board has issued an order dismissing the Petition for Reconsideration.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardRezek Lighting AltemideState Compensation Insurance FundJuan SolorioADJ8396939ADJ8169531Marina Del Rey
References
0
Case No. ADJ10564064; ADJ13211148
Regular
Apr 25, 2025

Ramiro Solorio vs. California Community News, Ace American Insurance Company

Ramiro Solorio, a truck driver/loader/unloader, filed claims for industrial injuries to his lumbar spine, left shoulder, left elbow (Case ADJ10564064), and to his gastrointestinal system and hypertension (Case ADJ13211148) while employed by California Community News. Defendants petitioned for reconsideration of the Second Amended Joint Findings and Award, challenging the temporary disability award, unaddressed body parts, and the rejection of apportionment opinions from PQMEs Dr. Rogachefsky and Dr. Simon. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The Board affirmed the findings, concluding that the physicians' apportionment opinions lacked sufficient reasoning to constitute substantial medical evidence as required by legal precedent.

ADJ10564064ADJ13211148Petition for ReconsiderationLabor Code Section 5909Appeals BoardWCJ ReportEAMSTransmissionNoticeProof of Service
References
20
Case No. ADJ6436701; ADJ6436674
Regular
Dec 27, 2010

ALFONSO SOLORIO vs. AJ CARVALHO AND SONS, BERKSHIRE HATHAWAY SAN DIEGO

Applicant sought removal to rescind an order taking the case off-calendar for further discovery after a mandatory settlement conference. The Appeals Board denied removal, agreeing with the WCJ that further record development was warranted due to an Agreed Medical Evaluator's report lacking clarity regarding permanent disability ratings under different guidelines. The majority found no prejudice to the applicant in allowing this development. Commissioner Caplane dissented, arguing that discovery should not be reopened post-settlement conference without a proper showing of deficiency, especially before trial.

Petition for RemovalMandatory Settlement ConferenceAgreed Medical EvaluatorLabor Code Section 5502(e)(3)AMA GuidesAlmaraz v. Environmental Recovery ServicesGuzman v. Milpitas Unified School Districtsubstantial evidenceabuse of discretionDeclaration of Readiness to Proceed
References
3
Case No. ADJ7622132
Regular
May 10, 2011

MARIA SOLORIO DE VILLA vs. RADISSON PLAZA dba LA QUINTA, COMP WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal. The Board ordered the Mandatory Settlement Conference (MSC) off calendar to allow for the deposition of the Qualified Medical Evaluator (QME). The applicant had previously objected to the defendant's Declaration of Readiness to Proceed due to outstanding discovery. The Board found that scheduling the MSC over the applicant's objection was improper given the incomplete discovery.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedPanel Qualified Medical EvaluatorQME DepositionDiscovery ObjectionsOff CalendarJudicial EconomyFairnessElectronic Adjudication Management System
References
0
Case No. ADJ9125161
Regular
Dec 26, 2014

FAUSTINO SOLORIO vs. CHRISTOPHER WATKINS dba WATKINS SERVICES CONSTRUCTION LANDSCAPE, CASTLEPOINT NATIONAL INSURANCE COMPANY

This case involves a workers' compensation applicant who sustained an industrial injury. The defendant's Petition for Reconsideration was denied and sanctioned for failing to meet procedural requirements, including lacking specific record references and legal analysis. The Appeals Board found the petition skeletal, frivolous, and an attempt to retry the case. Ultimately, the defendants and their counsel were ordered to pay a $250.00 sanction for these deficiencies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityContinuing Medical TreatmentRemovalSanctionSkeletal PetitionFrivolous PetitionMaterial Deviation from Duties
References
0
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