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

Case No. ADJ10589934
Regular
Jun 15, 2018

JOSE MARTINEZ vs. TFR MANAGEMENT GROUP, INC.

This case involves a worker's compensation claim where the applicant, Jose Martinez, alleged an industrial injury. The defendant, TFR Management Group, Inc., sought reconsideration of a finding that Martinez was an employee, not an independent contractor, and that the defendant was uninsured. The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that the defendant failed to meet its burden of proving Martinez was an independent contractor, citing the lack of an independently established business, Martinez's hourly pay, and the defendant's control over the work details.

WCABPetition for Reconsiderationpresumption of employmentuninsuredindependent contractorBorelloS. G. Borello & SonsInc.Labor Code Section 5705(a)ABC test
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
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
Case No. ADJ7600989
Regular
Feb 27, 2017

JOSE ROBLEDO vs. JOSE E. PEDROSO AKA JOSE PEDROSO AKA JOSE ELADIO PERDOSA AKA JOSE PEDROSO LANDA DBA JPL SECURITY SERVICES, LIBORIO MARKET INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior findings of fact. The Board found that the prior decision incorrectly applied the *Borello* test for determining employment status and failed to properly address the issue of joint employment. Furthermore, the Board determined that the trial judge did not make sufficient findings regarding the equitable defense of laches. The case is remanded to the trial level for further proceedings consistent with the Board's decision.

Workers' Compensation Appeals BoardJoint EmployerSpecial EmployerLachesEquitable DoctrineBorello TestUninsured Employers Benefits Trust FundPetition for ReconsiderationFindings of FactThreshold Issue
References
Case No. ADJ3337880
Regular
Sep 17, 2009

ARACELI SANTOS vs. MARIN CHIROPRACTIC, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior decision denying applicant Araceli Santos' claim for industrial injury. The Board found the original decision's reasoning insufficient for meaningful review, particularly regarding employment status and the analysis of injury evidence. The matter is returned to the trial level for a new decision by the WCJ, who must conduct a proper *Borello* analysis for employment and provide more specific reasoning on the injury claim after reviewing the entire record.

Workers Compensation Appeals BoardFinding and OrderReconsiderationIndustrial InjuryCourse of EmploymentMRI ReportProof of PayrollBorello AnalysisEmployment FactorsMedical Evidence
References
Case No. ADJ8534803 (MF) ADJ8535153
Regular
Nov 01, 2013

Randy Graves vs. Roy's Concrete & Masonry, Inc., Farmers Insurance

The Workers' Compensation Appeals Board affirmed a judge's finding that the applicant was not an employee of Roy's Concrete & Masonry, Inc. This decision was based on the judge's determination of the applicant's lack of credibility, citing inconsistencies in his testimony regarding pay and treatment history. The Board found that the judge's credibility assessment was entitled to great weight and that a formal Borello analysis was not required due to the absence of credible evidence of an employment relationship. Consequently, the applicant's claim for workers' compensation benefits was denied.

WCABReconsiderationEmployment relationshipCredibilitySubstantial evidenceBorello analysisTractor operatorRoy's Concrete & MasonryFarmers InsuranceWCJ
References
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
Case No. ADJ10492342
Regular
Apr 27, 2023

JASMINE ORBERG vs. INTER SOURCES, INC., STATE FARM FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision, finding applicant Jasmine Orberg was an employee of Inter Sources, Inc. at the time of her injury. The WCAB determined that Orberg's activities in the training program, including interacting with customers and providing status updates, established an employer-employee relationship under the Borello standard. Furthermore, the WCAB ruled that the "going and coming" rule did not bar her claim because the employer provided transportation, which falls under an exception to the rule. The case is returned to the trial level for further proceedings on other issues.

Workers' Compensation Appeals BoardInternshipMotor Vehicle AccidentGoing and Coming RuleEmployer-employee relationshipBorello standardIndependent contractorPrima facie caseAgencyProvided transportation
References
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
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
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