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Case Law Database

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

Case No. ADJ6927641
Regular
Oct 24, 2016

Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original findings. The Board found the initial decision insufficient because it failed to address whether the applicant was employed by Willy Arredondo or as a dual employee of both Willy Arredondo and Scott Linskey. Furthermore, the Board determined that the applicant had met his initial burden of proving services rendered, shifting the burden to the employer to rebut the presumption of employment. The case is returned for further proceedings to make findings on employment status, independent contractor status, and any exclusions to coverage.

Workers' Compensation Appeals BoardReconsiderationFindings of FactBurden of ProofEmploymentDual EmployersPresumption of EmploymentIndependent ContractorExcluded EmployeeBorello
References
6
Case No. ADJ10257811
Regular
Dec 18, 2020

JORGE ANDRADE vs. CECILIO ARREDONDO TERREZAS, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the judge's decision finding the applicant was not an employee at the time of injury, concluding he failed to meet his burden of proof. The applicant did not provide evidence establishing an employment relationship with the labor contractor or its associated individuals, and evidence indicated he paid for his own transportation. A dissenting opinion argued the board and judge incorrectly shifted the burden of proof, stating the applicant is presumed an employee and the employer must prove otherwise. The dissent would have rescinded the decision for failure to meet the employer's burden.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderEmployee StatusLabor ContractorBurden of ProofEmployment RelationshipPresumption of EmployeeLabor CodeRebuttal of Presumption
References
5
Case No. ADJ7848238
Regular
Apr 04, 2016

ALEJANDRO ARREDONDO vs. CORPORATE IMAGE, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order imposing sanctions and fees. The WCJ had sanctioned lien claimants for failing to provide proper representation documentation, insufficient assignment documentation, and vague alleged non-compliance with Medical Provider Network treatment. The WCAB found the notice of intention to dismiss and impose sanctions lacked specificity and failed to provide due process. Crucially, the WCAB determined that sanctions for failing to appear at a hearing were improper because the notice of hearing was not served on all represented lien claimants, violating procedural rules.

Petition for ReconsiderationSanctionsLien ClaimantsNotice of Intention to DismissDue ProcessVague GroundsService of NoticeLegal RepresentationWorkers' Compensation Appeals BoardMedical Provider Network
References
6
Case No. ADJ9754409
Regular
Feb 16, 2017

ABEL PEREZ (Deceased), LYDIA ARREDONDO vs. AFFHOLDER, INC., LIBERTY MUTUAL

In this workers' compensation case involving a deceased employee, the applicant sought removal of a WCJ's order setting the matter for trial. The applicant claimed the order would cause significant prejudice and irreparable harm. The Appeals Board denied the removal petition, emphasizing that such requests are extraordinary and require a showing of substantial harm. The Board found no evidence of irreparable prejudice, noting the applicant can raise issues at trial and also cautioned the applicant's attorney about potential misrepresentations.

Petition for RemovalIndustrial InjuryDeath ClaimWCJMinute OrderPre-trial ConferenceSignificant PrejudiceIrreparable HarmSanctionsWorkers' Compensation Appeals Board
References
0
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
0
Case No. ADJ9272949
Regular
Jun 21, 2016

IRENE PERALEZ (IRENE PERALEZ BALTAZAR) vs. CECILIO ARREDONDO TERRAZAS, INC., STAR INSURANCE COMPANY, Adjusted by MEADOWBROOK INSURANCE GROUP

Here's a summary of the case in four sentences for a lawyer: A lien claimant, Workmed, sought reconsideration of an order dismissing its lien for failure to appear at a conference, arguing it never received notice. The Appeals Board dismissed the reconsideration as the order was conditional, not final. However, they granted removal, finding Workmed was prejudiced by lack of notice and due process. The conditional dismissal order was rescinded, and the case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationPetition for RemovalOrder Dismissing LienLien conferenceNotice of HearingFailure to appearGood causeAdministrative law judge
References
14
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