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

Case No. LAO 0784069
Regular
Feb 11, 2008

RICARDO LOPEZ vs. HYON SEOP KIM, Individually and dba H.B. CONSTRUCTION, AARON SONG, an Individual, Illegally Uninsured, THE DIRECTOR OF INDUSTRIAL RELATIONS, As Administrator of THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) was not liable for a penalty on an attorney's fee award due to unreasonable delay. However, Labor Code section 3716.2 obligates the UEBTF to seek such penalties in civil enforcement actions against uninsured employers. Therefore, the Appeals Board amended the award to clarify that while UEBTF is not directly liable for the penalty, it remains part of the underlying award that UEBTF must pursue from the uninsured employers.

Uninsured Employers Benefits Trust FundUEBTFAttorney's fee awardLabor Code section 5814Labor Code section 3716.2Civil suitReconsiderationFindings and AwardWCJPenalty
References
1
Case No. VNO 504551
Regular
Mar 12, 2008

Armando Gutierrez vs. Anthony Bechtol dba Custom, Etc., illegally uninsured

The Workers' Compensation Appeals Board rescinded an Order Approving Compromise and Release because the defendant, an illegally uninsured employer, claimed he was not properly served and thus denied participation in the proceedings. Applicant's attorney failed to provide proof of service as ordered by the Board, leading to the conclusion that the defendant's petition for reconsideration was timely. The case is now returned to the trial level for further proceedings on the defendant's objections, including whether the applicant was an employee or independent contractor.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseUninsured Employers Benefits Trust FundProof of ServiceIndependent ContractorNotice of IntentionPetition for ReconsiderationTimelinessRescinded Order
References
1
Case No. ADJ6540543
Regular
Jun 07, 2013

Christopher Toms vs. Marvin Lee Weatherbee dba BEELINE TRANSPORTATION, illegally uninsured, KIEWIT PACIFIC COMPANY, permissibly self-insured

This case involves Christopher Toms, an applicant injured while employed as a truck driver by Beeline Transportation, an illegally uninsured entity. The Workers' Compensation Appeals Board granted reconsideration of a finding that Kiewit Pacific Company, permissibly self-insured, was a dual employer. The Board rescinded the prior award, finding that Kiewit was a contracting party who engaged Beeline as an independent contractor. No statutory basis existed to deem Toms an employee of Kiewit, therefore Kiewit is not liable for workers' compensation benefits.

Workers Compensation Appeals BoardChristopher TomsMarvin Lee WeatherbeeBeeline TransportationKiewit Pacific Companyillegally uninsuredpermissibly self-insureddual employersultimate hirerjoint and severally liable
References
2
Case No. ADJ4422874 (VNO 0482500)
Regular
Sep 24, 2009

BLANCA ANCHONDO vs. DIANE LIN dba PANORAMA MOTEL, illegally uninsured, and UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board dismissed Blanca Anchondo's petition for reconsideration because she failed to properly serve the Uninsured Employers Benefit Trust Fund, a party in the case. This procedural defect alone is grounds for dismissal under Labor Code section 5905. Even if considered on its merits, the Board would have denied the petition, upholding the Administrative Law Judge's finding that the applicant did not sustain an injury arising out of and in the course of employment. The Board gave significant weight to the judge's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Ordercumulative periodtimely denydeposition transcript testimonylast day of trialpost-termination defenseUninsured Employers Benefit Trust Fundservice of petition
References
1
Case No. 2017 NY Slip Op 07023 [154 AD3d 1037]
Regular Panel Decision
Oct 05, 2017

Matter of Passero v. Uninsured Employers' Fund

The claimant, Edmund Passero, a bricklayer, filed a workers' compensation claim in 2011 for an occupational disease resulting from repetitive stress. A Workers' Compensation Law Judge (WCLJ) initially established the claim against DeSpirit Mosaic & Marble Co. and later apportioned liability among three employers, including J. William Pustelak Inc., found to be uninsured. The Uninsured Employers' Fund (UEF) sought administrative review, but the Workers' Compensation Board denied the appeal as untimely. The Appellate Division, Third Department, reversed the Board's finding on the timeliness of UEF's application, holding that UEF would not have incurred an obligation until the WCLJ's December 2014 decision which apportioned liability. The case was remitted to the Workers' Compensation Board to consider the merits of UEF's appeal.

Workers' CompensationOccupational DiseaseUntimely AppealAdministrative ReviewLiability ApportionmentUninsured EmployerDate of DisablementThird DepartmentAppellate DivisionClaimant Benefits
References
5
Case No. ADJ784749 (AHM 0115079)
Regular
Aug 02, 2010

Carlos Bautista vs. Prime Factors, Inc., Factory Filament, Inc., Isaac Powell, Uninsured Employers Fund

This case involves a workers' compensation claim by Carlos Bautista for an industrial injury to his spine sustained in November 2003. The applicant was hired in California by Prime Factors Inc., an illegally uninsured employer, and then flown to Mississippi for a job. The Workers' Compensation Appeals Board (WCAB) is denying Isaac Powell's petition for reconsideration of prior findings. These findings established California's jurisdiction, the employer's uninsured status, and the applicant's industrial injury.

Workers' Compensation Appeals BoardPrime FactorsInc.Isaac PowellUninsured Employers FundIndustrial InjuryCervical SpineThoracic SpineLumbar SpineLabor Code Section 5900
References
0
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
7
Case No. ADJ2114868 (LAO 0878203) ADJ3881314 (LAO 0878204) ADJ4493553 (LAO 0861544)
Regular
Aug 23, 2010

ELLA MEZHIBURSKAYA vs. SUNNY MEDICAL TRANSPORTATION, INC., also known as UNIVERSAL MEDICAL TRANSPORTATION, INC., illegally uninsured

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration and granted the applicant's petition. The employer was found to have illegally discriminated against the applicant by filing a retaliatory civil complaint, violating Labor Code section 132a(1). The applicant was denied compensation for her claimed industrial injuries but was awarded costs and attorney's fees related to the discrimination claim. The Board amended the findings to specifically cite subdivision (1) of section 132a, removing any reference to subdivision (3).

Workers' Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationJoint Findings Award and OrderAdministrative Law JudgeCumulative TraumaSpecific Industrial InjuryLabor Code Section 132aDiscrimination
References
0
Case No. ADJ2183699 (VNO 0558048)
Regular
Oct 23, 2019

ALICIA RAMOS vs. DAVID HAKIM, The Handal Family Trust

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior determination that David Hakim was an illegally uninsured employer. Hakim appealed, arguing the applicant was an independent contractor, not an employee, thus he was not required to carry workers' compensation insurance. The Board found that Hakim's contention regarding the employment status sufficiently rebutted the prima facie case required for an illegally uninsured employer finding. The case is returned to the trial level for further proceedings to determine employment status and other related issues.

Workers' Compensation Appeals BoardPrima Facie DeterminationIllegally Uninsured EmployerPetition for ReconsiderationIndependent ContractorLabor Code Section 3715Uninsured Employers Benefit Trust FundArising Out Of and Occurring In The Course Of EmploymentAOE/COEDirector of Industrial Relations
References
1
Case No. MISSING
Regular Panel Decision

Claim of Shutter v. Philips Display Components Co.

The claimant, injured in a work-related single-car accident, received workers' compensation benefits and also pursued an uninsured motorist claim, recovering $124,697.95. The Workers' Compensation Board ruled that the employer's insurance carrier was entitled to offset this recovery against future compensation benefits, overturning a prior WCLJ decision. The claimant appealed, arguing that Workers' Compensation Law § 29's offset provisions apply only to third-party tortfeasor actions, not uninsured motorist proceeds. The court rejected this argument, finding the statute's general terminology encompasses uninsured motorist benefits and that legislative intent for exclusion only exists for no-fault benefits, not uninsured motorist benefits under Insurance Law § 3420 (f). Consequently, the Board's decision was affirmed.

Uninsured motoristWorkers' Compensation LawOffsetInsurance carrierThird-party tortfeasorLien provisionsStatutory interpretationLegislative intentNo-fault insuranceCompensation benefits
References
3
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