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

Case No. ADJ9569685
Regular
Oct 26, 2015

Oscar Cuellar vs. KLM Development, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning the applicant's employment status. The prior decision found the applicant was an independent contractor and not employed by KLM Development. The Board is returning the case to the trial level for analysis of Labor Code section 2750.5 and Business and Professions Code section 7125.2, particularly regarding the licensing and insurance status of the alleged independent contractor, Jaime Perez.

WCABPetition for ReconsiderationFindings and Orderindependent contractoremployee statusLabor Code 2750.5Business and Professions Code 7125.2license statusinsurance statusRinaldi v. Workers' Comp. Appeals Bd.
References
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ13119319
Regular
Jul 07, 2025

LUIS CALDERA vs. PORTUGUESE FRATERNAL SOCIETY OF AMERICA/SES HALL, OAK RIVER INSURANCE

The defendant sought reconsideration of a finding that the applicant was an employee when he sustained a left wrist injury. The defendant contended the employment finding was contrary to law, unsupported by evidence, and that the WCJ misapplied Labor Code section 2750.5 and failed to consider Borello factors. The Appeals Board denied reconsideration, adopting the WCJ's report. The report affirmed the WCJ's findings, noting the applicant's credibility and the defendant's failure to rebut the employment presumption, particularly regarding the applicant's lack of a contractor's license as required by Labor Code section 2750.5.

WCABPetition for ReconsiderationEmployment StatusIndependent ContractorLabor Code Section 2750.5Borello FactorsSubstantial EvidencePresumption of EmploymentControl and SupervisionBusiness License
References
Case No. LAO 0819419, LAO 0819420
Regular
Mar 06, 2008

RUBEN MARQUEZ vs. HOLLYWOOD GLASS COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order disallowing the lien claim of S&B Surgery Center, and remanded the case for further proceedings. The Board found that while S&B Surgery Center likely met licensing requirements for its services, it needed to establish proper compliance with fictitious business name statement requirements or amend its claim to reflect its true corporate name. The case is to be returned to the trial level to address these issues and redetermine the reasonable value of S&B's services.

Fictitious Business NameLien ClaimantLicensing StatusSurgical Clinic LicenseBusiness and Professions Code Section 17910Outpatient SettingMedical BoardDepartment of Health ServicesBurden of ProofReasonable Fee
References
Case No. ADJ7232719
Regular
Mar 03, 2014

FERMIN ELIAS vs. CLARK EDWIN CLIFFORD COOPER dba BRIDGECOURT CONSTRUCTION, GEORGE COOPER, JEFFREY BOXER, ALLSTATE INSURANCE, THE DIRECTOR OF INDUSTRIAL RELATIONS as administrator of the UNINSURED EMPLOYERS BENETIS TRUST FUND, SEDGWICK

The Workers' Compensation Appeals Board denied Allstate Insurance's petition for reconsideration and dismissed the Uninsured Employers Benefits Trust Fund's petition. The Board adopted the WCJ's reasoning, which found the applicant to be an employee of Jeffrey Boxer, not an independent contractor. This conclusion was based on Labor Code section 2750.5 and evidence demonstrating that George Cooper, who hired the applicant, was not the licensed contractor, and that Clark Cooper, the actual license holder, had no direct dealings with Boxer.

WCABPetition for ReconsiderationWCJUninsured Employers Benefits Trust FundAllstate InsuranceLabor Code section 2750.5rebuttable presumptionemployee statuscontractor's licenseestoppel
References
Case No. ADJ6644580
Regular
Aug 30, 2010

EVER GONZALEZ vs. PLUS INTERNATIONAL CORPORATION, CHARTIS COSTA MESA On Behalf Of GRANITE STATE INSURANCE COMPANY

This case involves a worker injured on January 26, 2009, alleging employment by Plus International Corporation. The trial judge found the worker was employed by a subcontractor, Santos, who was unlicensed and uninsured. The Appeals Board granted reconsideration, rescinding the trial judge's finding. The Board remanded the case for further proceedings to develop evidence on whether the applicant was a roofer and if the project's total cost required a contractor's license. The Board noted that if a license was required, the subcontractor's lack of insurance would automatically render them unlicensed.

Labor Code section 2750.5Blew v. Hornerunlicensed contractoruninsured contractorpresumption of employmentrooferspecialty contractorClass C-39 licenseaggregate contract priceautomatic suspension of license
References
Case No. ADJ6733204
Regular
Aug 11, 2014

MARIA TORRES vs. MAG INSTRUMENTS, INC.; PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in this case. The lien claimant, Western Imaging Services, failed to present any evidence at the lien trial to support its claim for reimbursement for medical-legal services. Specifically, no evidence was introduced to establish Western Imaging Services' status as a licensed professional photocopier or its exemption from licensing requirements under Business and Professions Code §22451(b). The Board adopted the WCJ's report, emphasizing that merely filing a document does not constitute evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantBusiness and Professions CodeProfessional PhotocopierLicensing RequirementMedical-Legal ServicesBurden of ProofWCJ ReportState Bar Exemption
References
Case No. ADJ542950
Regular
May 12, 2009

LANCE TURNER vs. ALL PAYMENT SERVICES, AIG

This case concerns two petitions for removal filed by the applicant, Lance Turner, against All Payment Services and AIG. Turner sought to close discovery at a mandatory settlement conference and obtain a protective order against the defendant's discovery efforts. The Appeals Board denied both petitions, finding the WCJ's reasoning sound. However, the Board recommended a status conference to address discovery disputes and expedite the case towards trial.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceDiscoveryProtective OrderWCJOff Calendar StatusStatus ConferenceDepositionTrial Level
References
Case No. ADJ8149660
Regular
Sep 19, 1943

Jeffrey Doty vs. Fred Stoke, dba Stoke Trust and Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration to amend findings, concluding applicant Jeffrey Doty was an employee because he performed work requiring a contractor's license without possessing one. However, the Board affirmed the denial of benefits, agreeing with the WCJ that Doty failed to prove he worked the requisite 52 hours within the 90 days preceding his injury. This failure to meet the statutory threshold for residential employees excluded him from benefits. Therefore, Doty is not entitled to workers' compensation despite being deemed an employee.

Workers' Compensation Appeals BoardFred StokeUninsured Employers Benefits Trust FundIndependent ContractorEmployee StatusContractor's LicenseLabor Code Section 2750.5Tree PruningResidential Dwelling Employee52-Hour Rule
References
Case No. ADJ9099771
Regular
Apr 18, 2014

Gary Reynolds vs. Michael Thomas Connolly, Beverly Connolly

This Workers' Compensation Appeals Board decision grants reconsideration to remove Beverly Connolly as a named employer, as she was never properly joined in the proceedings. The Board affirms the original finding that Gary Reynolds was an employee of Michael Thomas Connolly, based on Labor Code § 2750.5's conclusive presumption for work exceeding $500 when the worker lacks a valid contractor's license. The employer's arguments regarding estoppel, due process, and the UEBTF's joinder were rejected. The Board found that Reynolds was not an excluded employee under Labor Code § 3352(h) as the work was for Connolly's rental business, not his personal residence.

WCABPetition for ReconsiderationFindings and AwardEmployee StatusBeverly ConnollyUninsured Employers Benefits Trust FundUEBTFContractor's LicenseEstoppelLabor Code Section 2750.5
References
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