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

Case No. ADJ8859169
Regular
Jun 23, 2015

ERNESTO SALAZAR vs. BOONE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant, Ernesto Salazar, sought reconsideration of a prior decision that deemed him an independent contractor. The Appeals Board rescinded the prior ruling and found Salazar to be an employee of Boone Trucking, Inc. The Board emphasized Boone Trucking's right to control Salazar's work, including daily instructions on assignments, hours, locations, and pay. Furthermore, Salazar was required to use defendant's equipment and follow specific invoicing protocols, indicating his integral role in the company's regular business.

Independent ContractorEmployeeRight to ControlBorello factorsTruck DriverBoone TruckingWorkers' Compensation Appeals BoardReconsiderationFindings and OrderLabor Code
References
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
Case No. ADJ8610560
Regular
Sep 19, 2013

William Brown (Deceased), Annette Brown vs. SAVE MART SUPERMARKETS

This case involves a widow's petition for workers' compensation death benefits for her truck driver husband who died in a motorcycle accident after leaving work. The administrative law judge denied the claim, finding it barred by the going and coming rule. The applicant argued the special risk exception applied due to hazardous road conditions and a quantitatively greater risk compared to the general public. The majority of the Appeals Board denied reconsideration, agreeing with the WCJ that the risks were not exclusive to employment.

Going and Coming RuleSpecial Risk ExceptionDeath BenefitsMotor Vehicle AccidentIndustrial InjuryTruck DriverNegligencePublic RoadZone of DangerHazard
References
Case No. ADJ8621962
Regular
Oct 07, 2013

RANDY EISTER vs. TCI TRANSPORTATION, PROTECTIVE INSURANCE INDIANAPOLIS

This case involves a truck driver, Randy Eister, who filed a workers' compensation claim for back and chest injuries allegedly sustained on October 7, 2012. The claim was denied, and Eister was terminated for cause prior to filing. The Workers' Compensation Appeals Board (WCAB) denied Eister's petition for reconsideration. The WCJ found Eister's testimony not credible, citing inconsistencies and a lack of corroboration for his alleged injury. The Board adopted the WCJ's report, emphasizing the deference given to the judge's credibility findings.

Petition for ReconsiderationWCABEisterTCI TransportationProtective Insurance IndianapolisTruck DriverAOE/COEPost-termination defenseCredibilityTimeliness
References
Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
Case No. ADJ8910480
Regular
Oct 02, 2015

SIMONA MONTALVO vs. DRIVER'S MANAGEMENT, LLC, ACE AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board upheld the Administrative Law Judge's decision that the applicant, a truck driver, did not sustain a psychiatric injury arising out of and occurring in the course of employment. This denial was based on the ALJ's finding of applicant's lack of credibility due to inconsistent statements and the absence of substantial evidence to overturn this determination. The Board also admonished applicant's representative for misrepresenting an exhibit's status in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJpsychiatric injuryLabor Code section 3208.3(d)credibility determinationReport and RecommendationMandatory Settlement Conference (MSC)Pre-Trial Conference Statement
References
Case No. ADJ8801352
Regular
Jun 06, 2014

Robert Coon vs. Swift Transportation, Gallagher Bassett Services, Inc.

This case involves a student truck driver attacked while on a dinner break, sustaining severe injuries including partial quadriplegia. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury arose out of and in the course of employment. The Board applied the "commercial traveler" rule and the "personal comfort" doctrine, finding the employee's actions were incidental to his employment. Crucially, the Board determined the attack was a "neutral risk" as there was no evidence of personal motive for the assault.

AOE/COECommercial Traveler RulePersonal Comfort DoctrineNeutral Risk DoctrineThird-Party AssaultUnknown MotiveUnprovoked AttackLong Haul TruckerStudent DriverMentor
References
Case No. ADJ10509688
Regular
May 02, 2018

FRANCISCO HERNANDEZ vs. KVS TRUCKING, Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

State National Insurance Company (SNIC) sought removal of a WCJ's order scheduling a Mandatory Settlement Conference to determine the identity of the applicant's employer and SNIC's policy coverage. SNIC argued this would cause prejudice and irreparable harm. The WCAB denied the petition, finding that removal is an extraordinary remedy requiring a showing of significant harm, which SNIC failed to demonstrate. The WCAB affirmed the WCJ's decision, allowing the parties to proceed with resolving the employer identity issue.

Uninsured employerUninsured Employers Benefit Trust FundIdentity of employerPetition for RemovalMandatory Settlement ConferenceIndustrial injuryTruck driverCoverage determinationPrejudiceIrreparable harm
References
Case No. ADJ7032862 ADJ8942352
Regular
Jan 31, 2019

Robert Lockhart vs. Lexmar Distribution, Inc., Safety National Casualty Company, MATRIX, Redwood Fire, BHHC, California Insurance Guarantee Association, SEDGWICK CLAIMS MANAGEMENT SERVICES, ULLICO CASUALTY COMPANY

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding a cumulative trauma injury. The Board found that neither of the medical evaluators adequately understood the applicant's specific job duties as a hostler driver. Without a proper understanding of the cumulative physical impact of these duties, their opinions lack substantial evidence to support a finding of cumulative trauma. The matter is returned to the trial level for further development of the medical record regarding the applicant's job duties.

Workers' Compensation Appeals BoardCumulative TraumaSpecific InjuryPermanent DisabilityMedical EvidenceAgreed Medical EvaluatorPanel Qualified Medical ExaminerJob DutiesHostler DriverTruck Driver
References
Case No. ADJ9293237
Regular
Dec 12, 2017

MIGUEL GARCIA vs. AMERICAN WEST WORLDWIDE EXPRESS, INC., BLUE STAR CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant Miguel Garcia an independent contractor. The WCAB found that the applicant established a prima facie case of employment, shifting the burden to the employer to prove independent contractor status. The Board determined that the employer exercised significant control over the applicant's work, despite the written agreement, but found insufficient evidence regarding the right to control and differences between employee and owner-operator drivers. Consequently, the WCAB rescinded the prior order and returned the case for further development of the record and a new decision.

Independent contractorEmployee statusBorello testRight to controlTruck driverOwner-operatorLabor Code section 2750.5WCABReconsiderationFindings and Order
References
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