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Case No. ADJ7793905 ADJ7793938

Regular

Sep 21, 2012

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

In *Fowlks v. Lube Pit Stop, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a June 29, 2012 decision. The WCAB found that granting reconsideration was necessary to allow sufficient time to further study the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. Consequently, all future filings and communications regarding this case must be submitted in writing to the WCAB Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesVan Nuys District OfficeSan FranciscoElectronic Adjudication Management SystemADJ7793905ADJ7793938

References

Case No. ADJ7793905, ADJ7793938

Regular

Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration

References

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SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration