MARITZA CANALES vs. EAST WEST EYE INSTITUTE, INC., NOVA CASUALTY COMPANY, TRISTAR RISK MANAGEMENT
This case concerns a petition for reconsideration by Nova Casualty Company, the insurer for East West Eye Institute, Inc., challenging a finding of joint employment. The applicant, Maritza Canales, worked as a nanny/housekeeper, receiving simultaneous payments from East West/Premier Practice Management (PPM) and an individual, Naomi Kurata. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report which found sufficient connection to East West/PPM to establish employment based on payroll and benefits provided. The judge also found Naomi Kurata credible, rejecting arguments of witness contradiction and mischaracterization of facts regarding overtime pay.