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Case Law Database

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

Case No. ADJ9351964, ADJ9351965

En Banc

Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its prior en banc decision, holding that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code when seeking to recover medical-legal copy service fees.

Workers' Compensation Appeals BoardYounique Café IncZenith Insurance CompanyWestern Imaging ServicesBusiness and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620Lien ClaimantIndependent ContractorState Bar

References

Case No. SBR 0315782

Regular

Jul 30, 2007

GORDON ADAMS vs. SOUTHLAND DRYWALL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Premier Outpatient Surgery Center, Inc., whose lien was denied because it allegedly did not use its full corporate name or have a fictitious business name permit. The Appeals Board rescinded the denial and returned the case for further proceedings, finding that Premier was properly licensed as an outpatient facility and that the defendant did not timely raise the fictitious business name statement issue. The Board clarified that a facility fee lien claimant is not required to have a Medical Board fictitious-name permit, but may need to file a fictitious business name statement if operating under a name other than its legal corporate name.

Workers Compensation Appeals BoardLien ClaimantFictitious Business Name StatementFictitious-Name PermitBusiness & Professions Code Section 17910Business & Professions Code Section 2415(a)Medical Board of CaliforniaOutpatient SettingFacility FeeCompromise and Release

References

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

Case No. ADJ7787891

Regular

Sep 25, 2015

JORGE CERVANTES vs. JBM SPORT TRUCK AND ACCESSORIES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer, in a maximum of four sentences: The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that disallowed a lien claimant's invoice for photocopying services. The Board found that the lien claimant, California Imaging Solutions, acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. This status exempted them from Business and Professions Code registration and bonding requirements. Consequently, the case was returned to the trial level to determine the reasonable fee for the lien claimant's services.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementBonding RequirementProfessional PhotocopierState Bar MemberApplicant's Attorney

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. LAO 0878674

Regular

Mar 06, 2008

KARLA BUENO vs. PLAZA DEFENDANT LA RAZA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that barred a lien claim due to the alleged lack of a fictitious business name permit. The WCAB found that while the lien claimant presented a surgical clinic license, the record was unclear about its actual business name and compliance with fictitious name filing requirements. The case is remanded for further proceedings to determine the lien claimant's true name and establish its compliance with fictitious business name laws.

Fictitious Business Name StatementSurgical Clinic LicenseHealth ServicesBusiness and Professions CodeMedical BoardLien ClaimantOutpatient SettingAdministrative Law JudgeReconsiderationReasonableness of Fees

References

Case No. ADJ8883051

Regular

Nov 03, 2015

ROSEMARY BARRIENTOS vs. SABAN FREE CLINIC, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision disallowing Western Imaging Services' (WIS) lien. The Board found WIS was exempt from photocopier registration requirements as it acted as an agent for applicant's attorney, a member of the State Bar. This exemption, under Business and Professions Code Section 22451(b), negates the need for registration and bonding. The case was returned to the trial level for a new decision on the lien's compensability and fee.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBusiness and Professions Code Section 22451(b)Independent ContractorAgentState BarRegistration RequirementsBondingProfessional Photocopier

References

Case No. LAO 0794643

Regular

May 07, 2008

FRANCISCO CHAPA vs. GIBSON OVERSEAS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinding the initial denial of a lien claim by S&B Surgery Center. The Board found the record insufficient regarding S&B's licensure and proper business naming, remanding the case for further development. This includes proving proper licensure as an "outpatient setting" and addressing the necessity of filing a fictitious business name statement, followed by a determination of the reasonableness of the billed fees.

Lien claimantreconsiderationlicensurefictitious business name statementoutpatient settingsurgical clinicMedical Boardcounty clerkreasonableness of feesburden of proof

References

Case No. ADJ6733204

Regular

Aug 11, 2014

MARIA TORRES vs. MAG INSTRUMENTS, INC.; PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in this case. The lien claimant, Western Imaging Services, failed to present any evidence at the lien trial to support its claim for reimbursement for medical-legal services. Specifically, no evidence was introduced to establish Western Imaging Services' status as a licensed professional photocopier or its exemption from licensing requirements under Business and Professions Code §22451(b). The Board adopted the WCJ's report, emphasizing that merely filing a document does not constitute evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantBusiness and Professions CodeProfessional PhotocopierLicensing RequirementMedical-Legal ServicesBurden of ProofWCJ ReportState Bar Exemption

References

Case No. ADJ13119319

Regular

Jul 07, 2025

LUIS CALDERA vs. PORTUGUESE FRATERNAL SOCIETY OF AMERICA/SES HALL, OAK RIVER INSURANCE

The defendant sought reconsideration of a finding that the applicant was an employee when he sustained a left wrist injury. The defendant contended the employment finding was contrary to law, unsupported by evidence, and that the WCJ misapplied Labor Code section 2750.5 and failed to consider Borello factors. The Appeals Board denied reconsideration, adopting the WCJ's report. The report affirmed the WCJ's findings, noting the applicant's credibility and the defendant's failure to rebut the employment presumption, particularly regarding the applicant's lack of a contractor's license as required by Labor Code section 2750.5.

WCABPetition for ReconsiderationEmployment StatusIndependent ContractorLabor Code Section 2750.5Borello FactorsSubstantial EvidencePresumption of EmploymentControl and SupervisionBusiness License

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. ADJ9351964, ADJ9351965

En Banc

Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

References

Case No. SBR 0315782

Regular

Jul 30, 2007

GORDON ADAMS vs. SOUTHLAND DRYWALL COMPANY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8313132

Regular

2015-05-00

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

References

Case No. ADJ7787891

Regular

Sep 25, 2015

JORGE CERVANTES vs. JBM SPORT TRUCK AND ACCESSORIES, CYPRESS INSURANCE COMPANY

References

Case No. ADJ18961005

Regular

Sep 23, 2025

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

Amazon FlexIndependent ContractorProposition 22ABC TestDynamexBusiness and Professions Code 7451ReconsiderationFindings of FactPetition for ReconsiderationWorkers' Compensation Appeals Board

References

Case No. LAO 0878674

Regular

Mar 06, 2008

KARLA BUENO vs. PLAZA DEFENDANT LA RAZA, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8883051

Regular

Nov 03, 2015

ROSEMARY BARRIENTOS vs. SABAN FREE CLINIC, CYPRESS INSURANCE COMPANY

References

Case No. LAO 0794643

Regular

May 07, 2008

FRANCISCO CHAPA vs. GIBSON OVERSEAS, INC., STATE COMPENSATION INSURANCE FUND

Lien claimantreconsiderationlicensurefictitious business name statementoutpatient settingsurgical clinicMedical Boardcounty clerkreasonableness of feesburden of proof

References

Case No. ADJ6733204

Regular

Aug 11, 2014

MARIA TORRES vs. MAG INSTRUMENTS, INC.; PACIFIC COMPENSATION INSURANCE COMPANY

References

Case No. ADJ13119319

Regular

Jul 07, 2025

LUIS CALDERA vs. PORTUGUESE FRATERNAL SOCIETY OF AMERICA/SES HALL, OAK RIVER INSURANCE

WCABPetition for ReconsiderationEmployment StatusIndependent ContractorLabor Code Section 2750.5Borello FactorsSubstantial EvidencePresumption of EmploymentControl and SupervisionBusiness License

References

Showing 1-10 of 681 results

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