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

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. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
References
Case No. ADJ18961005
Regular
Sep 23, 2025

JAQUELINE GARCIA vs. AMAZON.COM, INC.; LIBERTY MUTUAL

Applicant Jaqueline Garcia petitioned for reconsideration after a Workers' Compensation Administrative Law Judge (WCJ) determined she was an independent contractor, not an employee of Amazon.com, Inc., when she sustained injuries. The Appeals Board granted the petition, citing concerns over the WCJ's application of the burden of proof regarding employment status and the evidential weight given to the 'Amazon Flex Independent Contractor Terms of Service' document. The Board emphasized that the record did not clearly establish if the applicant met her initial burden or if the defendant successfully rebutted the employment presumption under applicable codes. Consequently, a final decision on the merits of the reconsideration is deferred to allow for further review of the factual and legal issues.

Amazon FlexIndependent ContractorProposition 22ABC TestDynamexBusiness and Professions Code 7451ReconsiderationFindings of FactPetition for ReconsiderationWorkers' Compensation Appeals Board
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. ADJ13090134
Regular
Aug 14, 2025

OLIVIA RAMIREZ vs. ISIDRO A. MEJIA, ZINDER JANITORIAL CO., UNINSURED EMPLOYERS BENEFITS TRUST FUND, BOURBON PUB/PARADIES LAGARDERE, SENTRY INSURANCE

Applicant Olivia Ramirez sustained an injury to her knee and ankle on November 17, 2019, while employed by Isidro A. Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. The Uninsured Employers Benefits Trust Fund (UEBTF) successfully joined Paradies Lagardere as a co-defendant, alleging joint employer status. The Workers' Compensation Administrative Law Judge (WCJ) initially found Paradies to be a joint employer in Findings of Fact issued on May 15, 2025. Paradies sought reconsideration, disputing the joint employer finding and the injury arising out of and in the course of employment (AOE/COE). The Appeals Board reviewed the petition, the UEBTF's answer, and the WCJ's report, ultimately granting reconsideration but deferring a final decision on the merits, indicating further review of the record and applicable law is necessary. The decision also clarified that Labor Code sections 2775 and 2776, related to employee classification, do not apply retroactively to the date of injury in this case.

Joint employerUninsured employersParadies LagardereZinder JanitorialIsidro MejiaWCJPetition for ReconsiderationAOE/COELabor Code section 5909EAMS
References
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