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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6995425
Regular
Apr 27, 2012

SERGIO SANCHEZ vs. LIDA KOHANSAMEH, PACIFIC SPECIALTY INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior ruling finding the applicant an employee of Lida Kohansameh. While agreeing the applicant was not an employee of Pacific Great West Construction, the Board remanded the case for further proceedings. The trial judge must now determine if the applicant is excluded from workers' compensation coverage under Labor Code sections 3351(d) and 3352(h), specifically regarding residential or casual employment and hours worked. This decision avoids a final determination on employment status and focuses on potential statutory exclusions.

Workers' Compensation Appeals BoardLida KohansamehPacific Specialty InsuranceTristar Risk ManagementSergio SanchezFindings and OrderEmployee statusPacific Great West ConstructionReport and RecommendationPetition for Reconsideration
References
Case No. ADJ9473670
Regular
Nov 02, 2020

SANDRA UYAGUARI GARCIA vs. CLAUDIA MENDOZA Dba SWEET MELODY EXPRESS, UEBTF

This case concerns an applicant seeking workers' compensation benefits for an injury sustained while cleaning a defendant's residence. The primary issue was whether the applicant was an employee of the defendant's business, Sweet Melody Express, or an independent residential employee. The Board affirmed the WCJ's finding that the applicant was not an employee of Sweet Melody Express at the time of the injury, deeming her services to the defendant's home to be sporadic and casual housecleaning for the individual, not the business. Therefore, her claim for workers' compensation was denied.

Workers' Compensation Appeals BoardReconsiderationEmployee StatusResidential EmployeeCasual EmploymentLabor Code Section 3351Labor Code Section 3352(a)(8)Burden of ProofCredibility FindingEmployer Capacity
References
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
Case No. ADJ8190306
Regular
Jan 07, 2013

Silvestre Sanchez vs. Robert E. Town, Allied Insurance, A Nationwide Company

This case concerns whether an injured worker, Silvestre Sanchez, was an employee of Robert E. Town for workers' compensation purposes. The Board granted reconsideration to reverse the WCJ's finding of employment. The primary issue was whether Sanchez met the 52-hour work requirement within the 90 days preceding injury under Labor Code section 3352(h), which excludes certain residential employees. The Board found that based on conflicting testimony regarding a second payment, the applicant did not prove he worked over 52 hours, thus excluding him from coverage.

Workers' Compensation Appeals BoardSilvestre SanchezRobert E. TownAllied InsuranceLabor Code section 3352(h)excluded employeeresidential employee90-day perioddate of injuryFindings of Fact
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. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
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. ADJ8149660
Regular
Sep 19, 1943

Jeffrey Doty vs. Fred Stoke, dba Stoke Trust and Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration to amend findings, concluding applicant Jeffrey Doty was an employee because he performed work requiring a contractor's license without possessing one. However, the Board affirmed the denial of benefits, agreeing with the WCJ that Doty failed to prove he worked the requisite 52 hours within the 90 days preceding his injury. This failure to meet the statutory threshold for residential employees excluded him from benefits. Therefore, Doty is not entitled to workers' compensation despite being deemed an employee.

Workers' Compensation Appeals BoardFred StokeUninsured Employers Benefits Trust FundIndependent ContractorEmployee StatusContractor's LicenseLabor Code Section 2750.5Tree PruningResidential Dwelling Employee52-Hour Rule
References
Case No. ADJ7963742
Regular
May 01, 2018

JAMES MCDONALD vs. HAROLD HUTCHENS AND DORICA ANDERSON,INDIVIDUALS, HAL, HUTCHINS, HAROLD HUTCHENS AND DORICA ANDERSON INDIVIDUALS; INTERCARE

The Workers' Compensation Appeals Board denied reconsideration of an amended findings and award. The applicant sustained an industrial injury to his right leg while employed by the defendants. The defendants contended the applicant was not their employee and did not meet the 52-hour threshold for residential employees. The Board found the WCJ's determination that the applicant exceeded 52 hours of work was supported by substantial evidence, despite conflicting witness testimony. Additionally, the defendants failed to prove the applicant was employed by a third party rather than them.

Labor Code section 3351(d)Labor Code section 3352(h)residential employee52-hour thresholdindependent contractorindustrial injurypetition for reconsiderationWCJcredibility determinationcontradictory testimony
References
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