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

Case No. ADJ11676994
Regular
Aug 28, 2019

CLIFFORD MOORHOUSE vs. ALISAL GUEST RANCH, TRAVELERS DIAMOND BAR

This case concerns the defendant's petition for reconsideration of a workers' compensation award finding the applicant an employee. The applicant, a farrier, claimed cumulative industrial injury while working for the defendant ranch. The Board denied reconsideration, affirming the administrative law judge's finding that the applicant was an employee under the *Borello* standard. The Board found the defendant failed to meet its burden to prove independent contractor status, citing factors like the defendant's control over the work and the applicant's lack of investment. The Board also clarified that the *Dynamex* ABC test, while applicable to wage orders, does not supersede the *Borello* standard for workers' compensation employment determinations.

Workers' Compensation Appeals BoardClifford MoorhouseAlisal Guest RanchTravelers Diamond Barfinding of fact and awardpresumption of employmentsubstantial evidenceS. G. Borello & Sonsindependent contractorright to control
References
4
Case No. ADJ784749 (AHM 0115079)
Regular
Aug 02, 2010

Carlos Bautista vs. Prime Factors, Inc., Factory Filament, Inc., Isaac Powell, Uninsured Employers Fund

This case involves a workers' compensation claim by Carlos Bautista for an industrial injury to his spine sustained in November 2003. The applicant was hired in California by Prime Factors Inc., an illegally uninsured employer, and then flown to Mississippi for a job. The Workers' Compensation Appeals Board (WCAB) is denying Isaac Powell's petition for reconsideration of prior findings. These findings established California's jurisdiction, the employer's uninsured status, and the applicant's industrial injury.

Workers' Compensation Appeals BoardPrime FactorsInc.Isaac PowellUninsured Employers FundIndustrial InjuryCervical SpineThoracic SpineLumbar SpineLabor Code Section 5900
References
0
Case No. MISSING
Regular Panel Decision
Nov 27, 1995

Leonard v. Unisys Corp.

Linda M. Leonard suffered severe back injuries in 1987 due to a defective office chair, leading to a lawsuit against her employer (Department of Motor Vehicles) and the chair's sellers/manufacturers (Human Factor Technologies, Inc., Burroughs Corporation, Standard Register Company, and Unisys Corporation). The lawsuit alleged negligence, strict products liability, and breach of warranty. A jury found certain defendants strictly liable and apportioned fault, awarding significant damages for pain and suffering and loss of consortium to Leonard and her husband. On appeal, the court affirmed the lower court's order and judgment, upholding the jury's verdict, the damage awards, and the denial of indemnification claims between defendants, while rejecting challenges to jury instructions and evidentiary rulings.

Products liabilityBreach of warrantyNegligenceIndemnification claimLoss of consortium damagesPain and suffering awardJury verdict reviewApportionment of liabilitySuccessor corporation liabilityDefective chair
References
12
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
3
Case No. ADJ2184096
Regular
Jun 25, 2009

MANUEL GARCIA vs. PILGRIM CONGREGATIONAL CHURCH

This case involved an applicant injured while performing work for a church. The Workers' Compensation Appeals Board granted reconsideration and reversed the administrative law judge's finding of employment. The Board determined the applicant was an independent contractor based on factors outlined in *S.G. Borello & Sons*, including the church's lack of control over work details, the applicant's distinct occupation, skill requirements, self-supply of tools, and the nature of the payment arrangement. Consequently, the applicant's claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusBorello factorsRight to ControlDistinct OccupationSkill RequiredTools and InstrumentalitiesMethod of PaymentIntegral Part of Business
References
1
Case No. ADJ12830624
Regular
Feb 13, 2023

RICHARD HERRERA vs. MICHAEL PAIVA, STATE FARM FIRE AND CASUALTY COMPANY, SEDGWICK CLAIMS MANAGEMENT

This case concerns whether applicant Richard Herrera was an employee or independent contractor when injured while working on defendant Michael Paiva's residence. The Workers' Compensation Appeals Board (WCAB) affirmed the finding of employee status, finding that Paiva retained sufficient control over the work and that secondary *Borello* factors, such as Paiva providing materials and the place of work, supported an employment relationship. The WCAB also found applicant's testimony credible and deemed the issue of Labor Code section 2750.5 moot due to the employee determination.

Independent contractorEmployee statusLabor Code sections 33513357Section 2750.5WCJPetition for ReconsiderationEmployee LedgerHourly payCash payment
References
5
Case No. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
7
Case No. ADJ13119319
Regular
Jul 07, 2025

LUIS CALDERA vs. PORTUGUESE FRATERNAL SOCIETY OF AMERICA/SES HALL, OAK RIVER INSURANCE

The defendant sought reconsideration of a finding that the applicant was an employee when he sustained a left wrist injury. The defendant contended the employment finding was contrary to law, unsupported by evidence, and that the WCJ misapplied Labor Code section 2750.5 and failed to consider Borello factors. The Appeals Board denied reconsideration, adopting the WCJ's report. The report affirmed the WCJ's findings, noting the applicant's credibility and the defendant's failure to rebut the employment presumption, particularly regarding the applicant's lack of a contractor's license as required by Labor Code section 2750.5.

WCABPetition for ReconsiderationEmployment StatusIndependent ContractorLabor Code Section 2750.5Borello FactorsSubstantial EvidencePresumption of EmploymentControl and SupervisionBusiness License
References
13
Case No. ADJ8430282 ADJ8430286
Regular
Jun 20, 2014

GUADALUPE VALENZUELA vs. ALTRUIST HOMECARE SERVICES, ACE AMERICAN INSURANCE, ESIS

This case concerns a caregiver, Guadalupe Valenzuela, who sustained industrial injuries while working for Altruist Homecare Services. Altruist sought to have Valenzuela classified as an independent contractor, arguing that Civil Code section 1812.5095 applied and exempted them from employer liability. However, the Workers' Compensation Appeals Board denied Altruist's petition, upholding the finding that Valenzuela was an employee. The Board found Altruist failed to meet all the statutory requirements for independent contractor status under the Civil Code and that Valenzuela's circumstances indicated an employer-employee relationship under the *Borello* factors. Specifically, Valenzuela's inability to freely renegotiate pay and her belief that Altruist could terminate her employment were critical to the decision.

Workers' Compensation Appeals BoardApplicantDefendantFindings of Fact and AwardIndustrial InjuryLow BackLeft LegHome Care ServicesRight ElbowRight Arm
References
9
Case No. MISSING
Regular Panel Decision
Sep 08, 1987

Richmond Memorial Hospital & Health Center v. Axelrod

The petitioner, a hospital not a member of the League of Voluntary Hospitals, sought to increase its 1983 third-party reimbursement rates from the Commissioner of the New York State Department of Health. This application was based on a 'trend factor' applicable to League members, stemming from a collective bargaining agreement which the petitioner also adopted. The Commissioner denied the request, citing the petitioner's non-membership in the League. The Supreme Court annulled this determination, directing the use of the League trend factor. On appeal, the judgment was modified: the annulment of the Commissioner's arbitrary determination was affirmed, but the direction to use the specific trend factor was deleted, and the case was remitted for recalculation based on permissible factors.

CPLR Article 78Third-Party Reimbursement RatesTrend FactorMedicaid RatesBlue Cross RatesWorkers' Compensation RatesNo-Fault RatesPublic Health LawArbitrary and CapriciousJudicial Review
References
5
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