Updated Daily

Case Law Database

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

Case No. ADJ8411218

Regular

Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefits Trust Fund's petition for reconsideration. Applicant's petition was granted to amend the original Findings and Order. The Board found that PV Mart dba Buy Low Market, Inc. was not a special employer of the applicant, Rafael Becerra. Consequently, PV Mart and its insurer were dismissed as party defendants, and the applicant was deemed an employee of Keyanoosh Ghamari dba Code 3 Security at the time of injury.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundSpecial Employment RelationshipGeneral EmploymentBorrowing EmployerLending EmployerRight to ControlCredibility DeterminationBuy Low MarketCode 3 Security

References

Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)

Regular

Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release

References

Case No. LAO 0722567

Significant

Daniel Milbauer, Applicant vs. Erez Boostan, Uninsured Employers Fund

The Appeals Board affirms a judge's finding on the correct legal identity of an uninsured employer and establishes procedures to ensure the Uninsured Employers Fund (UEF) actively assists in identifying employers in future cases to avoid significant delays.

Uninsured Employers FundEn Banc DecisionJurisdictional IssueEmployer IdentityService of ProcessSubstantial EvidenceGood Faith EffortProvisional AppearanceDirector of Industrial RelationsLabor Code Section 3716(d)(4)

References

Case No. LAO 0722567

En Banc

Dec 18, 2003

Daniel Milbauer vs. Erez Boostan dba American Runner Attorney Service, Uninsured Employers Fund

The Appeals Board affirms a WCJ's finding on the correct legal identity of an uninsured employer and establishes procedures to ensure the Uninsured Employers Fund's (UEF) early and active participation in identifying such employers in future cases.

UEFEmployer IdentityService of ProcessJurisdictionReconsiderationEn Banc DecisionLabor CodeUninsured EmployerIndustrial InjuryPermanent Disability

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. ADJ1543435

Regular

Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner

References

Case No. ADJ9225006

Regular

Jul 10, 2015

JUAN LUNA CASTRO (Deceased), MARINA AYALA DE LUNA (Widow) vs. REDWOODS HOMEOWNERS ASSOCIATIONS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns the death of Juan Luna Castro, a groundskeeper, in a motor vehicle accident during his scheduled work hours. The defendant employer sought reconsideration of the WCJ's finding that the death arose out of and in the course of employment (AOE/COE). The Board denied reconsideration, upholding the finding that Castro was on a business errand to purchase supplies for a company-sponsored BBQ, a task he had performed in previous years. The Board found his actions to be reasonable and impliedly permitted by his employment, thus satisfying the AOE/COE standard despite a prior reprimand for other work-related issues.

AOE/COEPetition for ReconsiderationGroundskeeperfatal motor vehicle accidentburden of proofindustrial injurycourse of employmentarising out of employmentcompany sponsored BBQobtaining supplies

References

Case No. ADJ7813892

Regular

Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger

References

Case No. ADJ9268751

Regular

Jul 03, 2017

THITIKORN GALBRAITH vs. JAMES E. FITZGERALD, D.D.S., INC., EMPLOYERS COMPENSATION INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

Defendant Preferred Employers Insurance Company (PEIC) sought reconsideration of an administrative law judge's (ALJ) order denying reformation of a Compromise and Release and finding another defendant joined in error. PEIC argued the ALJ should not have ruled on the matter, as a different judge initially approved the settlement. The Workers' Compensation Appeals Board denied PEIC's petition, finding it procedurally defective and untimely filed as a disqualification request. Therefore, PEIC's attempt to challenge the ALJ's authority after the decision was unsuccessful.

Compromise and ReleasePetition for ReconsiderationFindings of Fact and OrdersWCJJudge AssignmentDisqualificationWCAB Rule 10452Labor Code section 5311TimelinessRemoval

References

Case No. ADJ1283525

Regular

May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings due to insufficient evidence regarding the decedent's employer. The WCAB found conflicting testimony and lack of clear evidence establishing employment with Rick Plano Stables on the alleged date of injury. The matter was remanded to properly substitute the surviving spouse as the applicant and to develop the record on the employer's identity and the date of injury.

Workers' Compensation Appeals BoardDecedent's spouseReconsiderationFindings and OrderSubstantial evidenceDevelop the recordInsufficient evidenceConstitutional mandateDevelop the recordUninsured Employers Benefit Trust Fund

References

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Updated Daily

Case Law Database

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

Case No. ADJ8411218

Regular

Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)

Regular

Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

References

Case No. LAO 0722567

Significant

Daniel Milbauer, Applicant vs. Erez Boostan, Uninsured Employers Fund

References

Case No. LAO 0722567

En Banc

Dec 18, 2003

Daniel Milbauer vs. Erez Boostan dba American Runner Attorney Service, Uninsured Employers Fund

UEFEmployer IdentityService of ProcessJurisdictionReconsiderationEn Banc DecisionLabor CodeUninsured EmployerIndustrial InjuryPermanent Disability

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

References

Case No. ADJ1543435

Regular

Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

References

Case No. ADJ9225006

Regular

Jul 10, 2015

JUAN LUNA CASTRO (Deceased), MARINA AYALA DE LUNA (Widow) vs. REDWOODS HOMEOWNERS ASSOCIATIONS, EMPLOYERS COMPENSATION INSURANCE COMPANY

AOE/COEPetition for ReconsiderationGroundskeeperfatal motor vehicle accidentburden of proofindustrial injurycourse of employmentarising out of employmentcompany sponsored BBQobtaining supplies

References

Case No. ADJ7813892

Regular

Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger

References

Case No. ADJ9268751

Regular

Jul 03, 2017

THITIKORN GALBRAITH vs. JAMES E. FITZGERALD, D.D.S., INC., EMPLOYERS COMPENSATION INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

Compromise and ReleasePetition for ReconsiderationFindings of Fact and OrdersWCJJudge AssignmentDisqualificationWCAB Rule 10452Labor Code section 5311TimelinessRemoval

References

Case No. ADJ1283525

Regular

May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

References

Showing 1-10 of 3,236 results

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