CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ9813999
Regular
Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE
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. ADJ7300567
Regular
Oct 11, 2013

Rosa Perez vs. Melton Franchise Systems, Inc., Coverall Mountain & Pacific, Liberty Mutual Insurance Company

In this case, the Workers' Compensation Appeals Board reversed a lower judge's decision, finding that Rosa Perez was an employee of Melton Franchise Systems, Inc. (Coverall) when she sustained an injury on October 22, 2008. The Board determined that despite a "Janitorial Franchise Agreement" designating her as an independent contractor, Coverall exercised pervasive control over her work. Factors such as required use of Coverall's supplies, dictated cleaning procedures, and the integral nature of her janitorial work to Coverall's business demonstrated an employer-employee relationship. The Board concluded that Coverall failed to rebut the presumption of employee status.

Workers Compensation Appeals BoardRosa PerezMelton Franchise SystemsCoverall Mountain & PacificLiberty Mutual Insurance CompanyADJ7300567Opinion and Decision After ReconsiderationJanitorial Franchise Agreementindependent contractoremployee status
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. ADJ9917235 MF ADJ9917234
Regular
Sep 28, 2018

JOSE ARANA vs. 9 TO 5 SEATING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding. The defendant failed to prove that liens filed by Reshealth Medical Group and Trucare Pharmacy should be stayed under Labor Code section 4615. Specifically, the Board found insufficient evidence that Reshealth Medical was controlled by a criminally charged individual, and while Trucare participated in a fraud scheme, there was no proof the individual controlled the entity as statutorily defined. Therefore, neither lien was stayed.

Labor Code section 4615Labor Code section 139.21criminally charged providerlien staycontrolled entityDIR listEAMS notationburden of proofReshealth MedicalTrucare Pharmacy
References
Case No. SAU9997873
Regular
Nov 20, 2019

MELVIN GARCIA GALDAMES vs. VINYL TECHNOLOGY, INC., SEDGWICK, CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed a petition for reconsideration of an order consolidating liens under Labor Code § 139.21, as it was not a final order. However, the Board granted the petition for removal, finding that consolidating Mesa Pharmacy's liens without a determination of whether it was controlled by suspended provider John Garbino violated due process. The Board amended the consolidation order to only include liens filed by or on behalf of John Garbino or entities controlled by him, and scheduled a new status conference.

Labor Code § 139.21Petition for RemovalPetition for ReconsiderationOrder of ConsolidationSuspended ProviderControlled EntityDue ProcessIrreparable HarmThreshold IssueInterlocutory Order
References
Showing 1-10 of 219 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational