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Case No. ADJ9365230

Regular

Apr 10, 2023

SERAFIN JIMENEZ vs. LN COSTUME SUPPLY INC., STAR INSURANCE, ILLINOIS MIDWEST SPRINGFIELD, NOWAKOWSKI PROPERTIES DBA STOR-MOR

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Nowakowski Properties DBA Stor-Mor. The Board adopted the Administrative Law Judge's report, which found dual employment for the applicant between LN Costume Supply Inc. and Stor-Mor. Furthermore, the Board upheld the finding that the applicant is presumed to be an employee of Stor-Mor under Labor Code § 3357, as Stor-Mor presented no evidence to rebut this presumption.

Dual EmploymentSpecial EmployerGeneral EmployerLabor Code § 3357Presumption of EmploymentPetition for ReconsiderationWCABUninsured Employer Benefit Trust FundCompromise and ReleaseContribution

References

Case No. ADJ1642575 (MON 0336492)

Regular

Mar 23, 2009

JUAN JOSE AYALA vs. GUILLERMO DUENAS, FIRE INSURANCE EXCHANGE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the previous finding that his claim was barred. The Board found the applicant was an employee of the defendant under Labor Code section 3357, based on unrebutted testimony of an agreement for landscaping services at $80 per day across multiple jobs. The defendant failed to overcome the statutory presumption of employment. Therefore, the applicant is found to have been employed by the defendant at the time of his alleged injury.

Labor Code section 3352(h)Labor Code section 3357Labor Code section 3351(d)WCJPetition for ReconsiderationFindings of Factrescindedemployment statuspresumption of employmentlandscaper

References

Case No. ADJ9175182

Regular

Nov 20, 2015

MILIS BADAL vs. PAPIOLA AGHASSI, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Milis Badal's petition for reconsideration, upholding the administrative law judge's finding that Badal was a volunteer, not an employee, when injured. The majority panel deferred to the judge's credibility determination of defense witnesses over Badal's testimony. However, one commissioner dissented, arguing the presumption of employment under Labor Code section 3357 was not rebutted, given Badal's prior paid work and the nature of the task. The dissent contended that the defense failed to prove Badal was not an employee or that an implied contract for hire was absent.

Workers' Compensation Appeals BoardApplicantVolunteerEmployment StatusIndustrial InjuryReconsiderationFindings of FactOrderCredibility DeterminationWitness Testimony

References

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SERAFIN JIMENEZ vs. LN COSTUME SUPPLY INC., STAR INSURANCE, ILLINOIS MIDWEST SPRINGFIELD, NOWAKOWSKI PROPERTIES DBA STOR-MOR

Dual EmploymentSpecial EmployerGeneral EmployerLabor Code § 3357Presumption of EmploymentPetition for ReconsiderationWCABUninsured Employer Benefit Trust FundCompromise and ReleaseContribution

JUAN JOSE AYALA vs. GUILLERMO DUENAS, FIRE INSURANCE EXCHANGE

Labor Code section 3352(h)Labor Code section 3357Labor Code section 3351(d)WCJPetition for ReconsiderationFindings of Factrescindedemployment statuspresumption of employmentlandscaper

MILIS BADAL vs. PAPIOLA AGHASSI, EMPLOYERS COMPENSATION INSURANCE COMPANY

Workers' Compensation Appeals BoardApplicantVolunteerEmployment StatusIndustrial InjuryReconsiderationFindings of FactOrderCredibility DeterminationWitness Testimony