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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior findings of fact.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. 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. ADJ8438071
Regular
Jun 07, 2013

MONICA CONTRERAS vs. KELLER WILLIAMS REALTY, SACRAMENTO METRO; TOWER NATIONAL INSURANCE IRVINE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that Monica Contreras was an employee of Keller Williams Realty. The WCAB determined that the initial finding was erroneously based on the legal requirement for real estate agents to be associated with a broker, rather than a factual analysis of the control exercised by the defendant. The case is returned to the Administrative Law Judge for further proceedings and a new decision considering the factual relationship and the multi-factor test for employment status. The WCAB emphasized that the right to control the means and manner of work is the primary test.

Workers' Compensation Appeals BoardMonica ContrerasKeller Williams RealtyTower National InsurancePetition for ReconsiderationFindings of FactAdministrative Law JudgeEmployee StatusIndependent ContractorReal Estate Agent
References
Case No. ADJ9650766
Regular
Jun 30, 2016

GERARDO LOZANO vs. UNIVERSAL LOGISTICS SYSTEM, YORK SERVICES

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant was an employee, not an independent contractor. The defendant sought reconsideration based on alleged factual errors in the hearing minutes and summary of evidence, particularly regarding the applicant's English proficiency and the origin of a required vest. The WCAB reviewed the trial transcripts and found the defendant's contentions unsubstantiated. The Board adopted the WCJ's reasoning, upholding the original employee determination based on the right-to-control test and relevant case law.

Workers' Compensation Appeals BoardReconsiderationIndependent ContractorEmployeeLabor Code Section 3351Labor Code Section 3357Right to Control TestBorelloDelivery DriversCommercial Truckers
References
Case No. ADJ3481415 (ANA 0409015) ADJ6464516
Regular
May 02, 2009

MARTHA DIAZ vs. CLEANATION BUILDING MAINTENANCE, GRANITE STATE INSURANCE, AIG DOMESTIC CLAIMS, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE

The Workers' Compensation Appeals Board denied Martha Diaz's petition for reconsideration of a prior decision. The administrative law judge (WCJ) found Diaz was an independent contractor, not an employee, and thus not entitled to workers' compensation benefits for her alleged industrial injuries. The Board agreed, finding that Diaz controlled her work hours and methods, was paid by the job, and operated her own cleaning service, consistent with independent contractor status. Even if a subcontract agreement was excluded, the evidence still supported the WCJ's independent contractor determination.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusLabor Code Section 3351Labor Code Section 3353Labor Code Section 3600(a)Borello TestControl TestSecondary IndiciaRight to Discharge
References
Case No. ADJ7994981
Regular
Feb 19, 2013

Timothy Sabedra vs. Magic Messenger, Inc., Gallagher Bassett Services

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding the applicant, Timothy Sabedra, was an employee of Magic Messenger, Inc. The Board found that despite a transportation agreement designating Sabedra as an independent contractor, Magic Messenger exercised sufficient control over his work. Key factors included the provision of employee handbooks, mandated uniforms, start times, and dispatch radio use, all indicating an employer-employee relationship.

WORKERS COMPENSATION APPEALS BOARDIndependent ContractorEmployee StatusRight to Control TestBorello TestTruck DriverMagic Messenger Inc.Gallagher Bassett ServicesTimothy SabedraLabor Code Section 3351
References
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
Case No. ADJ7535873
Regular
Dec 24, 2012

INES NAJARO vs. FLUE STEAM, INC., STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's workers' compensation claim against Flue Steam, Inc. The initial WCJ found the applicant was an employee and sustained an industrial injury. The defendant sought reconsideration, arguing the applicant was an independent contractor and that the injury issue was deferred. The Board granted reconsideration, rescinded the finding of industrial injury because it was deferred, but affirmed the finding that the applicant was an employee based on the right-to-control test and other factors.

Workers' Compensation Appeals BoardIndustrial InjuryEmployee vs. Independent ContractorLabor Code Section 3351Labor Code Section 3353Labor Code Section 3357Right-to-Control TestBorello FactorsAOE/COEPetition for Reconsideration
References
Case No. ADJ10551600
Regular
Mar 02, 2018

JOSE TORRES vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration because the primary treating physician's opinion, which formed the basis of the award, was not supported by substantial evidence. The physician's impairment ratings for the applicant's neck and back were based on outdated strength testing results from 1.5 years prior to his report and conflicted with more recent findings. The Board found the physician's examination inadequate, thus rescinding the award and remanding the case for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award OpinionPermanent Disability RatingSubstantial EvidencePrimary Treating PhysicianQualified Medical EvaluatorJamar TestingOutdated Testing ResultsInadequate Examination
References
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