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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

Claim of Duma v. Baca

A claimant sought workers' compensation benefits after being injured while delivering for Gentian Baca, doing business as A&G Cleaning Services. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board concluded that an employer-employee relationship existed. A&G appealed this finding. The Appellate Division affirmed the Board's determination, finding substantial evidence in the record to support it. The court noted A&G provided vehicles, dictated delivery schedules and routes, maintained the right to terminate employment, and covered truck-related expenses, thereby demonstrating control over the claimant's work.

Workers' CompensationEmployer-Employee RelationshipSubstantial EvidenceAppellate ReviewNew YorkDelivery ServicesIndependent Contractor StatusRight to ControlMethod of PaymentFurnishing Equipment
References
6
Case No. ADJ8199713
Regular
Nov 01, 2013

RAFAEL BACA vs. GARCIA JUAREZ CONSTRUCTION, INTERCARE

This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.

Petition for ReconsiderationuntimelydismissedWorkers' Compensation Appeals Boardadministrative law judgeReport and RecommendationADJ8199713Garcia Juarez ConstructionIntercareRafael Baca
References
0
Case No. MISSING
Regular Panel Decision
Aug 13, 1992

Baca v. HRH Construction Corp.

The Supreme Court, New York County, affirmed an order dismissing a third-party plaintiff's claim for contribution. The court determined that a pre-verdict "high-low" agreement between the plaintiffs and the third-party plaintiff general contractor constituted a release under General Obligations Law § 15-108, thereby barring the contribution claim against the third-party defendant. It was also noted that the plaintiffs lacked standing to appeal the dismissal of the third-party claim. Furthermore, the court found that the third-party plaintiff's purported assignment of its contribution claim to the plaintiff was void, as no claim to assign existed given that its liability was limited to less than its equitable share by the settlement. The court also questioned whether such an assignment could circumvent the Workers' Compensation Law's exclusivity provisions.

High-low agreementContribution claimGeneral Obligations Law § 15-108ReleaseCPLR 5511Standing to appealWorkers' Compensation Law exclusivityEquitable shareAssignment of claimThird-party practice
References
7
Case No. ADJ11240744
Regular
Jan 16, 2019

CODY BACA vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied the applicant's petition for removal of an order allowing a second deposition. The applicant argued prejudice due to potential questions about an unrelated criminal matter and a hold on medical discovery. The Board found no evidence of irreparable harm or substantial prejudice, as the applicant could object to inappropriate questions during the deposition. The Board also noted that an evidentiary hearing on the deposition issue had already occurred and that medical discovery was only postponed, not indefinitely halted.

Petition for RemovalSecond DepositionUnrelated Criminal MatterFifth AmendmentPrejudiceIrreparable HarmEvidentiary HearingMedical DiscoveryPQME EvaluationDeclaration of Readiness
References
0
Case No. ADJ6857384
Regular
Dec 07, 2009

KATHLEEN BACA vs. COUNTY OF MARIN, TRI STAR RISK MANAGEMENT

"The appeals board granted defendant's petition to remove the finding that Jeffrey Amheiter was a managing agent. The board affirmed the order, except for amending it to reflect that Amheiter is not a managing agent."

Petition for RemovalManaging AgentCode of Civil Procedure section 1987(b)DepositionSupervisory ClassificationIndustrial InjuryNerves and PsycheClass SpecificationWCJ Report and RecommendationWorkers' Compensation Appeals Board
References
0
Case No. ADJ7279527
Regular
Mar 29, 2013

PEDRO JUAN BACA vs. BISON ENGINEERING, OAK RIVER INSURANCE

The Workers' Compensation Appeals Board denied reconsideration for lien claimants California Imaging and Drs. Pratley and Turner. The Board adopted the judge's report which found the petitions untimely and lacking merit. The judge noted that the petitioners failed to appear at a lien trial despite notice and filed claims in the wrong case. The Board also affirmed the imposition of sanctions against the petitioners for causing the defendant carrier to incur unnecessary costs and attorney fees.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationLien ClaimantsPetition for ReconsiderationLabor Code Section 5813SanctionsCosts and FeesUnverified PetitionUntimely FilingDue Process
References
1
Case No. ADJ587289 (LBO 0321668)
Regular
202013-05-00

TERESA BACA vs. STATE OF CALIFORNIA DPSS/CALWORKS/GAIN; TRISTAR; STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Pinnacle Lien Services on behalf of lien claimant Dynamed, Inc., challenging a prior Order Imposing Sanctions. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. Although the petitioner claimed defective service of the sanctions order, the WCAB found that their own records, via the EAMS system, conclusively showed proper service of the relevant orders to Pinnacle Lien Services at their correct address. Therefore, the WCAB denied reconsideration as the petition was not filed within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessOrder Imposing SanctionsNotice of ServiceElectronic Adjudication Management SystemWCABLien ClaimantAdministrative Law JudgeOfficial Record of Service
References
0
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