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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6875081
Regular
Oct 18, 2012

LOURDES MORENO vs. MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns Lourdes Moreno's claim for workers' compensation benefits following a back injury sustained while performing janitorial services. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding that Moreno was an independent contractor, ruling instead that she was an employee of Melton Franchise Systems, Inc. (dba Coverall). The WCAB determined that Coverall exerted pervasive control over Moreno's work, dictating numerous aspects of her business operations beyond mere quality control, which indicated an employer-employee relationship. This decision shifts the responsibility for her injury from Moreno to Coverall for workers' compensation purposes.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusFranchise AgreementRight to ControlJanitorial ServicesBorello TestSecondary IndiciaAdhesion ContractPervasive Control
References
Case No. ADJ9332041
Regular
Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

This case concerns whether lien claimant Firstline Health, Inc.'s lien should be subject to a stay under Labor Code section 4615 due to alleged control by criminally charged providers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's due process rights were violated. The WCAB rescinded the previous order and returned the case for further proceedings, specifically to allow Firstline an opportunity to rebut evidence of Dr. Uwaydah's de facto control. This decision emphasizes the need for fair hearing and timely notice before imposing a stay on a lien claimant's claim.

Workers' Compensation Appeals BoardLabor Code section 4615Labor Code section 139.21criminally charged providerslien claimantde facto ownershipde facto controlfraudulent documentsconspiracyinsurance fraud
References
Case No. GOL 100978
Regular
Feb 14, 2008

JANETTE HOPE vs. TRI-COUNTIES REGIONAL CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the judge's finding, concluding applicant was an employee of Tri-Counties Regional Center, not an independent contractor. The Board found the Center exercised sufficient control over the applicant's work, providing office space, supplies, and scheduling, which outweighed the contractual designation. The case is remanded for further proceedings to determine the applicant's entitlement to benefits.

Independent contractor vs. employeeIndustrial injuryMulti-system immunological problemsControl of workRight to controlSecondary factors of employmentDistinct occupationTools and suppliesMethod of paymentContractual designation
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. ADJ11396782
Regular
Apr 17, 2018

SALVADOR RODRIQUEZ-GOMEZ vs. CONTROL AIR CONDITIONING CORPORATION

In *Rodriguez-Gomez v. Control Air Conditioning Corporation*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. Removal is an extraordinary remedy, granted only if substantial prejudice or irreparable harm will result without it, and reconsideration will not be an adequate remedy. The Board found that the applicant failed to demonstrate either of these conditions were met, and therefore denied the petition.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJAdministrative Law JudgeExtraordinary RemedyFinal Decision
References
Case No. ADJ7690958
Regular
Jul 17, 2012

MICHEL SALMO vs. PHASE II TRANSPORTATION, GREAT AMERICAN INSURANCE COPANY

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision. The judge found the applicant, Michel Salmo, to be an independent contractor, not an employee of Phase II Transportation, at the time of his alleged injury. This finding was based on the judge's assessment of Salmo's testimony as unreliable and contradictory regarding his truck ownership and lease arrangements. The Board adopted the judge's report and recommendations, emphasizing the great weight given to credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGarza v. Workers' Comp. Appeals Bd.independent contractoremployeeemployment relationshiplease agreementowner-operatorcontrol
References
Case No. ADJ8406544
Regular
May 26, 2017

TONY BUTLER vs. QUALITY PERSONNEL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BAXTER HEALTHCARE, OLD REPUBLIC INSURANCE COMPANY

This case concerns Baxter Healthcare's petition for reconsideration of a finding that applicant Tony Butler was a special employee of Baxter. The Workers' Compensation Appeals Board denied the petition, upholding the finding of special employment based on Baxter's significant control over Butler's work, including training, the ability to replace him, and negotiation of his pay rate. Baxter and its carrier, Old Republic, were ordered to administer the claim, with the Board finding that CIGA was not liable due to the existence of other insurance.

Special employeeBorrowing employerControlManner and meansQuality PersonnelBaxter HealthcareOld Republic Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Petition for ReconsiderationFindings and Order
References
Case No. ADJ7150920
Regular
Nov 14, 2012

KELLI MCCOO vs. GORDON BIRCH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR, NATIONAL INSURANCE COMPANY, IN LIQUIDATION

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that a lien claimant's agreement with a collection agency constituted an assignment, thereby relieving CIGA of liability. The WCAB found that the agreement, despite granting broad authority to the collection agency, did not transfer ownership of the lien. Ultimately, the WCAB determined that the lien claimant retained ownership and the right to collect, making the claim a covered claim under the relevant statute. The case was returned to the WCJ for further proceedings and a new decision.

CIGAlien claimantassignment of lienWSG & AssociatesInsurance Code section 1063.1covered claimrescindedFindings and Orderreconsiderationadministrative law judge
References
Case No. ADJ11121478
Regular
Feb 06, 2019

LOUIE GONZALEZ vs. DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior award that found the applicant's injury compensable. The Board ruled that the applicant's fall in a parking lot not owned or controlled by the employer, where parking was neither required nor compensated, was barred by the "going and coming" rule. The Board distinguished this case from exceptions that apply when an employer provides or requires parking, emphasizing the applicant's commute was not under employer control. Therefore, the applicant's injury was deemed not to have arisen out of and in the course of employment.

Going and Coming RuleSpecial Risk ExceptionEmployer PremisesEmployer ControlParking LotCommuteLiberal ConstructionLabor Code Section 3202Borderline CaseAdministrative Law Judge
References
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