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Case Law Database

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

Case No. LAO 0832818, VNO 0508728
Regular
Jan 22, 2008

TOMAS ALONZO (deceased) BEATRIZ ALONZO (widow) vs. NHAN VAN NGUYEN aka KEVIN CONSTRUCTION, illegally uninsured, DAVID BENAVIDES; PACIFIC SPECIALTY INSURANCE COMPANY

This case involves a deceased worker, Tomas Alonzo, whose widow claims he was an employee of homeowner David Benavides. The Appeals Board denied reconsideration, upholding the finding that Alonzo was Benavides' employee because Alonzo's direct employer, Kevin Construction, was an unlicensed contractor. California law presumes unlicensed contractors and their employees are employees of the hiring party to ensure compensation.

Workers' Compensation Appeals BoardTomas AlonzoBeatriz AlonzoNhan Van NguyenKevin Constructionillegally uninsuredDavid BenavidesPacific Specialty Insurance CompanyLAO 0832818VNO 0508728
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8766821
Regular
Oct 03, 2016

PARAMJIT KAINTH vs. KEVIN'S PAINTING AND CONSTRUCTION, a partnership, KEVIN SINGH aka KULDIP SINGH, SEE SINGH, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves defendants Kevin's Painting and Construction and Kevin Singh seeking reconsideration of a prior dismissal of their petition. The Board dismissed the current petition as an impermissible successive filing. Previously, their initial petition for reconsideration was dismissed as untimely because it was filed 13 days late, and they failed to diligently order transcripts needed for their appeal. Even if not successive, the current petition would be denied on its merits for the same reasons of untimeliness and lack of diligence.

Successive petitionPetition for reconsiderationUntimely filingDismissalWorkers' Compensation Appeals BoardTranscript request delayDiligenceLabor Code § 5903California Code of Regulations § 10859Uninsured Employers Benefit Trust Fund
References
Case No. ADJ4359205
Regular
Aug 07, 2013

HECTOR GONZALEZ vs. DIMAS ERNESTO RAMOS, BZZZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, PACIFIC SPECIALTY INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration in a workers' compensation matter where the applicant, Hector Gonzalez, claimed injury while working on a construction project. The defendant, Dimas Ernesto Ramos, contested that he was the employer, arguing Gonzalez was an independent contractor or a residential employee. The Administrative Law Judge found Ramos to be the employer based on extensive contradictions in Ramos's testimony and the credible testimony of others, establishing an employer-employee relationship. The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings and giving them great weight.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.construction projectbuilder-ownerlicensed general contractorBZZZ ConstructionState Compensation Insurance Fund
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ9419247
Regular
Aug 09, 2016

GUADALUPE ALVAREZ vs. CITY WALL CONSTRUCTION, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding the applicant was not an employee of City Wall Construction. The applicant claimed a work injury to his back and foot, but the judge found his testimony regarding employment lacked credibility against the defendant's consistent testimony. The Board also rejected the applicant's request to reopen based on newly discovered evidence, as he failed to demonstrate due diligence in discovering and presenting this information at trial. Therefore, the applicant did not meet his burden of proof to establish an employer-employee relationship.

Workers' Compensation Appeals BoardGuadalupe AlvarezCity Wall ConstructionThe Hartford Insurance CompanyADJ9419247denial of reconsiderationindustrial injuryconstruction workeremployment statusnewly discovered evidence
References
Case No. ADJ10204256
Regular
May 16, 2017

KEVIN SMITH vs. CC GLASS, CLARK CONSTRUCTION, ZURICH LOS ANGELES for CLARK CONSTRUCTION

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of *Kevin Smith v. CC Glass (special employer) and Clark Construction (general employer)*. The Board adopted the WCJ's reasoning, finding that the defendant failed to diligently pursue discovery, particularly by attempting to depose Dr. Greenspan for the first time at trial. The defendant also did not provide evidence that industrial causation was an issue presented to Dr. Greenspan for his supplemental report. Therefore, the petition for reconsideration was denied.

WCABPetition for Reconsiderationworkers' compensationadministrative law judgeLabor Code section 5502(c)discoverydepositionDr. Greenspantrialpriority conference
References
Case No. ADJ12315169
Regular
Sep 10, 2019

Gregory Williams vs. Redwood Electric Group, Travelers Property Casualty Company of America

The Appeals Board affirmed an Arbitrator's finding that an electrician's injuries, potentially from electrocution, arose out of employment. Despite the unwitnessed nature of the injury and lack of direct evidence on the precise cause, the Board applied the *Clemmens* doctrine, creating a presumption that the injury occurred in the course of employment when the employee is placed at the location by the employer. Circumstantial evidence, including entry and exit wounds and the active construction site environment, supported the industrial nature of the injury. The defendant's arguments regarding the neutral risk doctrine, burden of proof, and denial of due process were found unpersuasive or waived.

Workers' Compensation Appeals BoardRedwood Electric GroupTravelers Property Casualty Company of AmericaJourneyman Electricianupper and lower extremitiesbody systemskinkidneysheartbrain
References
Case No. ADJ8005462
Regular
Dec 02, 2013

PEDRO VALDERRAMA, SR. (Deceased), MARIA SOLIS (Spouse) et al. vs. LOS AMIGOS CONSTRUCTION, ACEO PAYROLL CO., CASTLE POINT INSURANCE CO., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the original award finding that Pedro Valderrama's death on September 25, 2009, was industrially caused. The Board found substantial evidence supported that Castle Point Insurance Company was the insurer for Los Amigos Construction at the time of the injury, despite petitioners' claims that payroll services had switched to Select Focus. Evidence indicated that Select Focus had not finalized any agreement or secured insurance coverage for Los Amigos Construction before the date of injury, and that Castle Point's policy was still in effect. The Board also noted a prior OSHA decision that similarly found Select Focus was not the employer and had no exposure in this case.

Workers' Compensation Appeals BoardPedro ValderramaMaria SolisLos Amigos ConstructionACEO Payroll Co.Castle Point Insurance Co.ACE American Insurance Co.Petition for ReconsiderationFindings of Fact and Awardindustrial injury
References
Case No. ADJ9316587
Regular
May 13, 2014

TORI BLEVINS vs. ELIZABETH J. TILLEY, STATE FARM INSURANCE COMPANY

This case concerns applicant Tori Blevins' petition to change venue from the San Luis Obispo District Office to the Santa Barbara satellite office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's decision. The WCAB concluded that only "district offices," not "satellite offices," are considered for venue determination under Labor Code section 5501.5. This distinction is based on the full staffing, extensive facilities, and daily operations of district offices, contrasting with the limited resources of satellite offices. The WCAB found no basis to overturn the administrative construction that Santa Barbara's office is a satellite, not a district, office.

Petition for RemovalVenueDistrict OfficeSatellite OfficeWorkers' Compensation Appeals BoardLabor Code Section 5501.5Department of Workers' CompensationAdministrative ConstructionContemporaneous Administrative ConstructionDWC Newsline
References
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