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Case Law Database

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

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. 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. 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. 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. 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

Case No. ADJ8453925

Regular

Feb 02, 2015

MARTHA HASSAN vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE

This case involves an applicant seeking workers' compensation benefits, with the primary dispute being her employment status as either an employee or an independent contractor. The defendant, County of Los Angeles, argued the applicant was an independent contractor, citing her ability to work for others and a contractual clause. However, the majority of the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, adopting the WCJ's findings that the applicant was an employee based on the County's right to control her work. A dissenting opinion argued that the applicant was an independent contractor due to her distinct occupation, skill, and control over the means of her work.

Workers' Compensation Appeals BoardIndependent ContractorEmployeeRight to ControlBorello factorsWCJPetition for ReconsiderationFindings of FactIndustrial InjuryCourt Interpreter

References

Case No. LBO 0360005

Regular

Jan 07, 2008

STEVEN PEDERSEN vs. AMERICAN CONTRACTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted reconsideration for Steven Pedersen's case against American Contractors, Inc. and State Compensation Insurance Fund. This decision was made to allow for a more thorough review of the factual and legal issues presented. The Board will conduct further proceedings to ensure a just and reasoned decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitFrank M. BrassRick-Dietrich

References

Case No. ADJ6710414

Regular

Dec 02, 2014

JOAQUIN CORTEZ vs. ACTIONS CONTRACTORS, INC., LINCOLN GENERAL INSURANCE COMPANY

This case involves applicant Joaquin Cortez seeking reimbursement for medical expenses incurred with Dr. Elena Konstat and Ames Medical Corporation. Both Dr. Konstat and the defendant, Actions Contractors, Inc., sought reconsideration of a previous WCJ decision. The Board rescinded the prior decision, noting Ames Medical's lien is moot due to withdrawal. The Board found insufficient evidence to determine Dr. Konstat's lien entitlement and returned the case for further proceedings to develop the record regarding MPN notification, treatment denial, and the reasonableness of charges.

Workers' Compensation Appeals BoardMedical Provider NetworkUtilization ReviewLien ClaimantsFindings and AwardCompromise and ReleasePetition for ReconsiderationLabor CodePrimary Treating PhysicianPsychiatric Injury

References

Case No. ADJ8207723

Regular

Oct 22, 2013

MARTA LINARES CLEMENTE vs. FEDERAL CLEANING CONTRACTORS, ZURICH NORTH AMERICA CLAIMS

This case involves Marta Linares Clemente as the applicant against Federal Cleaning Contractors and Zurich North America Claims. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by the applicant. The WCAB has issued an order denying this Petition for Removal, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the applicant's request to remove the case from its current procedural status has been rejected.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdeny removalADJ8207723Federal Cleaning ContractorsZurich North America ClaimsMarta Linares Clementeadministrative law judgeMarina del Rey District Office

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. 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

References

Case No. ADJ8430282 ADJ8430286

Regular

Jun 20, 2014

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

Workers' Compensation Appeals BoardApplicantDefendantFindings of Fact and AwardIndustrial InjuryLow BackLeft LegHome Care ServicesRight ElbowRight Arm

References

Case No. ADJ7271617

Regular

Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

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

Uninsured Employers Benefits Trust Fundillegally uninsuredunlicensed contractorultimate hireremployee statusindependent contractorestoppeldue processcross-examinationDeclaration of David Leigh

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

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

References

Case No. ADJ8453925

Regular

Feb 02, 2015

MARTHA HASSAN vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE

Workers' Compensation Appeals BoardIndependent ContractorEmployeeRight to ControlBorello factorsWCJPetition for ReconsiderationFindings of FactIndustrial InjuryCourt Interpreter

References

Case No. LBO 0360005

Regular

Jan 07, 2008

STEVEN PEDERSEN vs. AMERICAN CONTRACTORS, INC., STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ6710414

Regular

Dec 02, 2014

JOAQUIN CORTEZ vs. ACTIONS CONTRACTORS, INC., LINCOLN GENERAL INSURANCE COMPANY

References

Case No. ADJ8207723

Regular

Oct 22, 2013

MARTA LINARES CLEMENTE vs. FEDERAL CLEANING CONTRACTORS, ZURICH NORTH AMERICA CLAIMS

References

Showing 1-10 of 450 results

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