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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
Case No. LBO 367820
Regular
Jan 25, 2008

YU LIN JU vs. CHARLES JIA, UNINSURED EMPLOYERS' FUND

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's (WCJ) finding that the applicant was an independent contractor, not an employee. The WCJ found the applicant falsely represented having a contractor's license and insurance, estopping him from claiming employee status under Labor Code Section 2750.5. The Board deferred to the WCJ's credibility determination, which found the employer's testimony more credible.

Workers' Compensation Appeals BoardUninsured Employers' FundPetition for ReconsiderationAdministrative Law JudgeReconsideration DeniedCredibility FindingIndependent ContractorLabor Code Section 2750.5Rebuttable PresumptionEstoppel
References
Case No. ADJ6520136
Regular
Jan 24, 2011

GARY HECK vs. L.A. DEPOSITIONS dba FIRST LEGAL COURIER, TOWER SELECT INSURANCE COMPANY, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that found the applicant was an independent contractor. The WCAB found the applicant was, in fact, an employee, reversing the administrative law judge's determination. Factors including the defendant's control over the applicant's work, the integral nature of the applicant's tasks to the defendant's business, and the applicant's lack of a true independent business weighed heavily in this decision. The WCAB emphasized that labels and self-serving documents do not override the reality of the employment relationship.

Workers Compensation Appeals BoardReconsiderationEmployee vs. Independent ContractorBorello factorsControl testLabor Code Section 3351Labor Code Section 3353Labor Code Section 3357Independent Contractor ProfileEagle 1 Delivery
References
Case No. ADJ8430282 ADJ8430286
Regular
Jun 20, 2014

GUADALUPE VALENZUELA vs. ALTRUIST HOMECARE SERVICES, ACE AMERICAN INSURANCE, ESIS

This case concerns a caregiver, Guadalupe Valenzuela, who sustained industrial injuries while working for Altruist Homecare Services. Altruist sought to have Valenzuela classified as an independent contractor, arguing that Civil Code section 1812.5095 applied and exempted them from employer liability. However, the Workers' Compensation Appeals Board denied Altruist's petition, upholding the finding that Valenzuela was an employee. The Board found Altruist failed to meet all the statutory requirements for independent contractor status under the Civil Code and that Valenzuela's circumstances indicated an employer-employee relationship under the *Borello* factors. Specifically, Valenzuela's inability to freely renegotiate pay and her belief that Altruist could terminate her employment were critical to the decision.

Workers' Compensation Appeals BoardApplicantDefendantFindings of Fact and AwardIndustrial InjuryLow BackLeft LegHome Care ServicesRight ElbowRight Arm
References
Case No. ADJ1883473
Regular
Dec 14, 2018

JOSE MANUEL SALDIVAR vs. REUEL SARABIA CIPRIANO, dba GENESIS GENERAL BUILDING CONTRACTOR, INC., ALEXANDER LEIGH, DAVID LEIGH, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior findings and substituted new ones, determining Alexander Leigh was the employer of Jose Manuel Saldivar. The Board found that the unlicensed and uninsured contractor, Reuel Sarabia Cipriano, was acting as an employee of the property owner, Alexander Leigh, as a matter of law, due to Cipriano's failure to maintain a valid contractor's license and workers' compensation insurance. The WCAB specifically rejected the argument that Cipriano's alleged misrepresentations to the property owner estopped the injured worker or the Uninsured Employers Benefits Trust Fund (UEBTF) from establishing Leigh as the employer. Therefore, the WCAB ordered that Leigh, as the ultimate hirer, was legally responsible for Saldivar's industrial injury.

Uninsured Employers Benefits Trust Fundillegally uninsuredunlicensed contractorultimate hireremployee statusindependent contractorestoppeldue processcross-examinationDeclaration of David Leigh
References
Case No. ADJ3619210 (VNO 0440227)
Regular
Mar 11, 2014

MARIO HERNANDEZ vs. HEIDI (aka HAYDEE) ACEITUNO, OSCAR ACEITUNO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns a stucco mason, Mario Hernandez, injured on September 8, 2001, while working for homeowners Heidi and Oscar Aceituno. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of employee status and awarded benefits. The WCAB found Hernandez estopped from claiming employee status and workers' compensation because he misrepresented his contractor licensure to the Aceitunos, who reasonably relied on this representation. The WCAB distinguished this situation from typical employee claims by emphasizing the applicant's fraudulent misrepresentation of his independent contractor status.

Labor Code § 2750.5EstoppelIndependent contractorLicensed contractorMisrepresentationStucco masonWillfully uninsuredFindings and AwardPetition for ReconsiderationDecision After Reconsideration
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. VNO 0412916
Regular
Sep 17, 2007

DEAN CORDELL vs. JACK DONALD LA VANCIL AND JAMES NICHOLSON, A GENERAL PARTNERSHIP, DBA DUAL SPORT CONNECTION, UNINSURED, BEST FORKLIFT SERVICE, TRUCK INSURANCE EXCHANGE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's finding that the applicant was an independent contractor at the time of his injury. The applicant presented arguments that the judge erred in his analysis, but the Board found that the evidence supported the independent contractor classification. This classification was based on factors such as the applicant's control over his work, use of his own tools, and payment method, which aligned with the definition of an independent contractor under Labor Code section 3353.

Workers' Compensation Appeals BoardDean CordellJack Donald La VancilJames NicholsonDual Sport ConnectionBest Forklift ServiceUninsured Employers Benefits Trust FundIndependent ContractorEmployeeLabor Code Section 3353
References
Case No. ADJ3481415 (ANA 0409015) ADJ6464516
Regular
May 02, 2009

MARTHA DIAZ vs. CLEANATION BUILDING MAINTENANCE, GRANITE STATE INSURANCE, AIG DOMESTIC CLAIMS, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE

The Workers' Compensation Appeals Board denied Martha Diaz's petition for reconsideration of a prior decision. The administrative law judge (WCJ) found Diaz was an independent contractor, not an employee, and thus not entitled to workers' compensation benefits for her alleged industrial injuries. The Board agreed, finding that Diaz controlled her work hours and methods, was paid by the job, and operated her own cleaning service, consistent with independent contractor status. Even if a subcontract agreement was excluded, the evidence still supported the WCJ's independent contractor determination.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusLabor Code Section 3351Labor Code Section 3353Labor Code Section 3600(a)Borello TestControl TestSecondary IndiciaRight to Discharge
References
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