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Case Law Database

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

Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
4
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
0
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
3
Case No. ADJ8997883
Regular
Jan 04, 2016

PEDRO ALAVEZ vs. SAK'S TERIYAKI, ZENITH INSURANCE COMPANY

This case involves a lien claim by Western Imaging Services, Inc. (WIS) for copying services provided to applicant's attorney. The WCJ initially disallowed the lien, finding WIS failed to prove it was an independent contractor exempt from Business and Professions Code section 22450. The Appeals Board granted reconsideration, holding that WIS made a prima facie showing of exemption under Business and Professions Code section 22451(b) by acting as an agent or independent contractor for a State Bar member. Consequently, the case is returned to the trial level for a new decision on the lien claim.

Workers' Compensation Appeals BoardWestern Imaging ServicesInc.Business and Professions Code section 22451independent contractoragentState Barlien claimantreconsiderationPrima facie showing
References
1
Case No. ADJ9569685
Regular
Oct 26, 2015

Oscar Cuellar vs. KLM Development, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning the applicant's employment status. The prior decision found the applicant was an independent contractor and not employed by KLM Development. The Board is returning the case to the trial level for analysis of Labor Code section 2750.5 and Business and Professions Code section 7125.2, particularly regarding the licensing and insurance status of the alleged independent contractor, Jaime Perez.

WCABPetition for ReconsiderationFindings and Orderindependent contractoremployee statusLabor Code 2750.5Business and Professions Code 7125.2license statusinsurance statusRinaldi v. Workers' Comp. Appeals Bd.
References
4
Case No. ADJ8313132
Regular
2015-05-00

Ana Garcia vs. Exemplar Enterprise, Travelers Property Casualty Company of America

This case involves a lien claim by Preferred Scan, Inc. (PSI) for photocopying services provided to the applicant's attorney. The initial ruling disallowed PSI's lien, finding it failed to meet registration and bonding requirements for professional photocopiers under Business and Professions Code sections 22450 and 22455. The Workers' Compensation Appeals Board (WCAB) reversed this decision, holding that PSI was exempt as an independent contractor of a member of the State Bar pursuant to Business and Professions Code section 22451(b). The WCAB found sufficient evidence that PSI acted as an agent or independent contractor for the attorney, thus making registration and bonding unnecessary. The case was returned to the trial level to determine the amount due on PSI's lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementsBonding RequirementsMember of the State Bar
References
9
Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. MISSING
Regular Panel Decision

Wilson v. International Business MacHines, Inc.

Plaintiff Caroline Wilson sued defendants International Business Machines (IBM) and Frank Urban, alleging gender and/or pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and N.Y. Executive Law § 296. Wilson's employment was terminated in 2002 during a reduction in force, shortly after returning from maternity leave. She argued she was unfairly laid off in favor of a male colleague. The defendants moved for summary judgment, asserting a legitimate, non-discriminatory business reason related to retaining the other employee's customer relationships and ongoing deals. The court found that while Wilson established a prima facie case, she failed to demonstrate that the defendants' reasons were a pretext for discrimination, or to present sufficient other evidence of unlawful discrimination. Consequently, the court granted the defendants' motions for summary judgment, dismissing the complaint.

DiscriminationGender DiscriminationPregnancy DiscriminationTitle VIIHuman Rights LawSummary JudgmentLayoffReduction in ForcePretextPrima Facie Case
References
12
Case No. AHM 108812 AHM 108813 AHM 108814
Regular
Nov 06, 2007

OLIVIA ZAVALA vs. METROPOLITAN WATER DISTRICT

This case involves an award of attorney's fees under Labor Code § 5801 following a successful defense against the defendant's Petition for Writ of Review. The Court of Appeal remanded the matter for the Board to determine reasonable attorney's fees for the applicant's counsel's services. The applicant's attorney requested $5,171.89, but both parties ultimately stipulated to a total of $5,000.00 for attorney's fees and appellate costs.

Workers' Compensation Appeals BoardAttorney's FeeLabor Code § 5801Petition for Writ of ReviewCourt of AppealStipulationAppellate CostsMetropolitan Water DistrictReasonable Attorney's Fees
References
1
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