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

Case No. MISSING
Regular Panel Decision

Rivera v. Harvest Bakery Inc.

This case involves allegations by plaintiffs Maximino Rivera, Miguel Roldan, and Oscar Quintanilla against Harvest Bakery, Inc., Robert Marconti, and Jose Gonzalez. The plaintiffs claim the defendants failed to pay overtime and spread of hours wages in violation of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The core of the dispute revolves around whether the defendants had a common policy of not paying these wages to their production workers. The Court addresses the defendants' arguments regarding the prematurity and mootness of the plaintiffs' motion for class certification, ultimately rejecting them. The Court then proceeds to grant the plaintiffs' motion, certifying a class of current and former non-exempt hourly employees who worked for Harvest Bakery in New York, and appoints class counsel, finding that the requirements of Rule 23(a) and (b)(3) (numerosity, commonality, typicality, adequacy of representation, predominance, and superiority) have been met.

Wage and Hour LawOvertime PaySpread of Hours WagesClass Action CertificationRule 23(b)(3)FLSA ViolationNYLL ViolationCommonalityTypicalityNumerosity
References
55
Case No. GRO 034460
Regular
Feb 15, 2008

MARGARITA SALAS vs. RANCH HARVEST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed an award of additional temporary disability benefits. The Board found that the applicant's claim for temporary disability indemnity for the period of February 10, 2007, through March 20, 2007, was barred by Labor Code section 4656(c)(1) as it fell outside the two-year limitation from the first payment of temporary disability on December 21, 2004. The Board also corrected a clerical error in the administrative law judge's decision heading.

Workers' Compensation Appeals BoardMargarita SalasRanch HarvestState Compensation Insurance FundGRO 034460Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Awardoccupational group 221industrial injury
References
3
Case No. ADJ8489417, ADJ8004557, ADJ8004568
Regular
Jun 30, 2015

ROCIO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves applicant Rocío Lumbrano against Voortmans Egg Ranch and Imperium Insurance Company. The Board dismissed the applicant's petition for reconsideration on procedural grounds. The Board also initiated removal proceedings on its own motion and issued a notice of intention to sanction the applicant and/or her representative for engaging in frivolous litigation.

Rocio LumbranoVoortmans Egg RanchImperium Insurance CompanyADJ8489417ADJ8004557ADJ8004568Pomona District OfficePetition for ReconsiderationDismissing PetitionGranting Removal
References
0
Case No. ADJ6616986; ADJ6603689; AD6616952
Regular
Aug 20, 2018

TERRY LEMBCKE vs. IVANHOE RANCH PARTNERS, LLC, HENRY GAMBOA

This case concerns Terry Lembcke's workers' compensation claims against Ivanhoe Ranch Partners, LLC and Henry Gamboa. The applicant alleged he was a statutory employee under Labor Code §2750.5 due to the nature of his work, which he claimed required contractor licenses that the defendants' entity lacked. The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision, adopting the WCJ's reasoning. The Board found that the defendants failed to rebut the presumption of employment under Labor Code §2750.5.

Statutory employeeLabor Code 2750.5Petition for ReconsiderationUninsured Employers Benefit Trust FundIvanhoe Ranch Partners LLCHenry Gamboawillful misconductindependent contractor statuscontractor's licenserebuttable presumption
References
1
Case No. ADJ8004557, ADJ8489417, ADJ8004568
Regular
Oct 26, 2015

ROCO LUMBRANO vs. VOORTMANS EGG RANCH, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Roco Lumbrano versus Voortmans Egg Ranch and Imperium Insurance Company. The WCAB found that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. All future communications regarding the petition must be directed to the Office of the Commissioners, not district offices. The WCAB also noted that trial level actions not related to the petition should continue through EAMS, but any proposed settlement must be promptly communicated to the Appeals Board.

WCABPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMS
References
0
Case No. ADJ11676994
Regular
Aug 28, 2019

CLIFFORD MOORHOUSE vs. ALISAL GUEST RANCH, TRAVELERS DIAMOND BAR

This case concerns the defendant's petition for reconsideration of a workers' compensation award finding the applicant an employee. The applicant, a farrier, claimed cumulative industrial injury while working for the defendant ranch. The Board denied reconsideration, affirming the administrative law judge's finding that the applicant was an employee under the *Borello* standard. The Board found the defendant failed to meet its burden to prove independent contractor status, citing factors like the defendant's control over the work and the applicant's lack of investment. The Board also clarified that the *Dynamex* ABC test, while applicable to wage orders, does not supersede the *Borello* standard for workers' compensation employment determinations.

Workers' Compensation Appeals BoardClifford MoorhouseAlisal Guest RanchTravelers Diamond Barfinding of fact and awardpresumption of employmentsubstantial evidenceS. G. Borello & Sonsindependent contractorright to control
References
4
Case No. ADJ6650757
Regular
Nov 05, 2010

SANTOS BUENO vs. GOLDEN TREE HARVEST ENTERPRISES, ZENITH INSURANCE COMPANY

This case involves an applicant, Santos Bueno, versus Golden Tree Harvest Enterprises and Zenith Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the administrative law judge and found no basis to overturn the initial ruling. Therefore, the petitions for reconsideration have been officially denied.

WORKERS' COMPENSATION APPEALS BOARDSANTOS BUENOGOLDEN TREE HARVEST ENTERPRISESZENITH INSURANCE COMPANYADJ6650757San Fernando District OfficeORDER DENYING RECONSIDERATIONPetitions for Reconsiderationworkers' compensation administrative law judgedenial of reconsideration
References
0
Case No. ADJ747812 (LAO 0828642)
Regular
Apr 25, 2013

BENITO ALVARADO vs. GROSS EGG RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration in the case of Benito Alvarado v. Gross Egg Ranch and State Compensation Insurance Fund. The WCAB found the petition to be untimely and also subject to denial for failing to fairly state material evidence as required by WCAB Rule 10842(a). Specifically, the lien claimant's assertion that the case was never on calendar was contradicted by the electronic record. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimelyWCAB 10842(a)Material EvidenceFair StatementEAMSEvents RecordCommunications RecordLien ClaimantDismissed
References
0
Case No. FRE 0159318
Regular
Nov 05, 2007

ROGELIO RODRIGUEZ vs. AMERICAN GRAPE HARVESTERS, STATE COMPENSATION INSURANCE FUND

This case involves Rogelio Rodriguez seeking workers' compensation for injuries to his right arm and psyche. The defendant, American Grape Harvesters and State Compensation Insurance Fund, petitioned for reconsideration of a 100% permanent disability award, arguing insufficient evidence and failure to consider pre-existing factors. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found the evidence supported the 100% award and that pre-existing factors were properly addressed.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityVocational RehabilitationOrthopedic InjuryPsychiatric DisabilityAgreed Medical ExaminerQualified Medical EvaluatorApportionmentNon-Industrial Factors
References
7
Case No. ADJ3529177 (GOL 0091851) ADJ4931121
Regular
Feb 25, 2016

LAURA BAGLEY vs. ALISAL GUEST RANCH AND RESORT, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by the defendant, Alisal Guest Ranch and Resort and State Compensation Insurance Fund, regarding a Workers' Compensation Appeals Board decision. The Board has granted reconsideration because they need more time to thoroughly review the factual and legal issues presented. This ensures a complete understanding of the record for a just and reasoned decision. All future communications related to the petition must be sent directly to the Board's Commissioners in San Francisco and not filed through the district office or e-filed.

Laura BagleyAlisal Guest Ranch and ResortState Compensation Insurance FundPetition for ReconsiderationWorkers' Compensation Appeals BoardADJ3529177ADJ4931121Oxnard District OfficeOpinion and OrderStatutory Time Constraints
References
0
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