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

Case No. ADJ10651475 ADJ10762532
Regular
Aug 30, 2018

ROSENDA RODRIGUEZ vs. FAIRWAY STAFFING, SOLVIS STAFFING, STATE COMPENSATION INSURANCE FUND, ZURICH INSURANCE COMPANY, FRESH GRILL FOODS, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address whether Solvis Staffing was a concurrent employer. The initial finding identified Fairway Staffing as the general employer and Fresh Grill Foods as the special employer for applicant's injuries. However, evidence suggests Solvis, as a Professional Employer Organization (PEO), may have also been an employer, creating a potential overlap in coverage. The Board found the record underdeveloped regarding Solvis' PEO role and payroll responsibility, thus remanding the case to the trial level for further investigation.

PEOProfessional Employer Organizationconcurrent employergeneral employerspecial employerJoint Findings and OrderPetition for ReconsiderationWCJReport and Recommendationrescinded
References
Case No. ADJ11968759
Regular
Apr 13, 2023

JESUS ORTEGA GONZALEZ vs. MAJOR TRANSPORTATION SERVICES, INC., BALJINDER S. GILL, PEOPLEASE LLC, NATIONAL INTERSTATE RICHFIELD.

This case involves an applicant injured while employed by both Major Transportation Services and Peoplease, a Professional Employer Organization (PEO). Peoplease sought reconsideration of a finding that they jointly employed the applicant on the date of injury, arguing payroll was not processed through them. The Board denied reconsideration, adopting the WCJ's reasoning that a co-employment relationship existed. The WCJ found that despite Peoplease's argument about payroll timing, evidence showed Peoplease benefitted from the applicant's work and their actions were inconsistent with strict contract adherence, akin to precedent in Gulam v. Patel. Ultimately, Peoplease's arguments regarding payroll timing were deemed coverage issues subject to arbitration and not grounds to deny the finding of co-employment.

Professional Employer OrganizationPEOdual employmentgeneral employerspecial employerco-employmentclient policyLabor Code section 3602(d)presumption of employmentsubstantial evidence
References
Case No. ADJ10454739
Regular
Jan 07, 2020

Antonio Santelices vs. Baron HR, LLC, Bison Workforce Solutions, Inc., State Compensation Insurance Fund, Public Investment Corp., Insurance Company of the West

This case concerns a workers' compensation claim where the applicant alleged injury while employed by Baron HR, LLC, who sent him to work for Pacific Coast Warehouse. The arbitrator found Baron HR to be the general employer and Pacific Coast Warehouse the special employer, and importantly, that Bison Workforce Solutions (BWS) was the employer for insurance purposes, making its insurer, SCIF, liable. SCIF petitions for reconsideration, arguing BWS and Bison Data Systems are distinct and BWS was insured by Hartford, not SCIF, and challenging the arbitrator's evidentiary findings. The Board rescinded the arbitrator's decision, remanding for further proceedings to clarify the employment and insurance coverage relationships, especially concerning BWS's role as a Professional Employer Organization and compliance with PEO insurance regulations.

Workers' Compensation Appeals BoardAntonio SantelicesBaron HR LLCBison Workforce SolutionsState Compensation Insurance Fundgeneral employerspecial employeremployee leasingProfessional Employer OrganizationPEO
References
Case No. ADJ2794650
Regular
Sep 23, 2008

DONSHAY REYNOLDS vs. EMPLOYERS DEPOT, INC., STATE COMPENSATION INSURANCE FUND, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board grants SCIF's petition to rescind the order for arbitration, finding that EDI and SCIF must first be joined as defendants and their potential liability determined before arbitration can proceed.

Res judicatacollateral estoppelremovalarbitrationuninsured employersemployee leasing companyPEOjoinderFindings and Awardcoverage dispute
References
Case No. ADJ17726478, ADJ15918108
Regular
Oct 10, 2025

CHRISTINA AVILES vs. SAMUEL HALE, LLC & DIBARA MASONRY, LLC; CLEAR SPRING PROPERTY AND CASUALTY; ARCH INSURANCE

Applicant Christina Aviles sought reconsideration of a Findings of Fact and Orders (F&O) issued on July 11, 2025, which dismissed her cumulative injury claim for lack of jurisdiction, asserting a valid collective bargaining and alternative dispute resolution agreement. She argued defendants failed to prove the validity of these agreements. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the F&O, and returned the case for further proceedings. The WCAB found the trial record incomplete due to unresolved objections to evidence and a factual error regarding the workers' compensation carrier. The board also clarified the permissibility of 'notice to produce' in workers' compensation proceedings.

Collective Bargaining AgreementAlternative Dispute ResolutionLabor Code 3201.7Workers' Compensation Appeals BoardJurisdictionPetition for ReconsiderationFindings of Fact and OrdersSamuel Hale LLCDiBara Masonry LLCClear Spring Property and Casualty
References
Case No. ADJ10327919
Regular
Nov 08, 2019

MARIA SANCHEZ vs. BARON HR, LLC, BISON DATA SYSTEMS, INC., THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a clerical error in the service date of a prior Board decision. The Board will correct the service date from October 8, 2019, to November 8, 2019. Separately, the defendant insurer sought reconsideration of a prior award, arguing fraud in the contractual relationship between employers and that insurance coverage disputes are subject to arbitration. The Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings and a new decision, clarifying that the WCJ should determine employer identity, while insurance coverage issues may proceed to arbitration.

Professional Employer OrganizationPEOLabor Code section 3602(d)general and special employmentjoint and several liabilityarbitrationLabor Code section 5275clerical errorPetition for ReconsiderationFindings and Award
References
Case No. ADJ7125024
Regular
Apr 07, 2014

JOSHUA INGMAN vs. GRANT'S BOBCAT AND HAULING, R4CORPORATION, INC., LABOR READY, CITY OF SACRAMENTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CASTLEPOINT NATIONAL INSURANCE, NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefit Trust Fund's (UEBTF) Petition for Removal. The Board found that the UEBTF failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision. Furthermore, the Board noted that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Given the significant delay in the applicant receiving benefits, the ongoing insurance coverage arbitration, and the UEBTF's available remedies for recovery, removal was deemed an inappropriate extraordinary remedy.

RemovalUninsured Employers Benefit Trust FundUEBTFSubstantial PrejudiceIrreparable HarmReconsiderationInsurance CoverageArbitrationLabor Code Section 2750.5Meier case
References
Case No. ADJ10233708
Regular
Jan 17, 2020

ARTURO CHAVEZ vs. PURPOSE DRIVEN PERSONNEL, HARTFORD, COUNTRYWIDE PAYROLL, NORTH BAY DISTRIBUTION, COMPWEST, H&M HENNES & MAURITZ, TRAVELERS

This case concerns the employment status of applicant Arturo Chavez and the resulting workers' compensation liability. The WCAB rescinded the prior findings of fact regarding employment and remanded the case for further proceedings. The primary dispute revolves around whether Purpose Driven Personnel was applicant's employer, given its reliance on Countrywide for payroll and workers' compensation insurance. The Board emphasized the need for further development of evidence, particularly regarding employment agreements between potential employers, to clarify the employer-employee relationship and subsequent insurance coverage.

Special employerGeneral employerDual employmentJoint and several liabilityLabor Code section 3602(d)PEOEmployee leasingService agreementWorkers' compensation insuranceFindings of Fact
References
Case No. ADJ11328040
Regular
Nov 05, 2019

GREGORIO HERNANDEZ vs. SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that the applicant was not covered by the Southeast Personnel Leasing (SPL) insurance policy. The applicant, employed by JL Furnishings, claimed SPL's policy, which covered employees leased from JL Furnishings, should also cover him. However, the Board found that since the applicant was not a leased employee of SPL, SPL had no employer liability for his injury. Therefore, the SPL policy, by its terms and endorsements compliant with regulations, did not provide coverage for the applicant's claim.

Workers' Compensation Appeals BoardSoutheast Personnel LeasingState National InsurancePackard Claims AdministrationFindings and Awardleased employeesemployee leasing arrangementLabor Code 3602(d)joint and several liabilityProfessional Employer Organization
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
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