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

Case No. ADJ7813892
Regular
Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger
References
Case No. ADJ9225006
Regular
Jul 10, 2015

JUAN LUNA CASTRO (Deceased), MARINA AYALA DE LUNA (Widow) vs. REDWOODS HOMEOWNERS ASSOCIATIONS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns the death of Juan Luna Castro, a groundskeeper, in a motor vehicle accident during his scheduled work hours. The defendant employer sought reconsideration of the WCJ's finding that the death arose out of and in the course of employment (AOE/COE). The Board denied reconsideration, upholding the finding that Castro was on a business errand to purchase supplies for a company-sponsored BBQ, a task he had performed in previous years. The Board found his actions to be reasonable and impliedly permitted by his employment, thus satisfying the AOE/COE standard despite a prior reprimand for other work-related issues.

AOE/COEPetition for ReconsiderationGroundskeeperfatal motor vehicle accidentburden of proofindustrial injurycourse of employmentarising out of employmentcompany sponsored BBQobtaining supplies
References
Case No. ADJ8548126
Regular
Oct 09, 2017

MATIAS PUGLISI vs. JAMES GALE KERRY, FIRST AMERICAN SPECIALTY INSURANCE COMPANY, CLA-MAR, LYNN DENNIS, PREFERRED EMPLOYERS INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board dismissed the Petition for Removal because the WCJ's determination of employment with Cla-Mar and Lynn Dennis constituted a threshold issue. Therefore, reconsideration, not removal, was the proper remedy. The Board denied the Petition for Reconsideration, adopting the WCJ's report and reasoning. The order dismisses removal and denies reconsideration in this workers' compensation case.

WCABPetition for RemovalPetition for ReconsiderationWCJ reportfinal ordersubstantive rightliabilitythreshold issueemployment relationshipstatute of limitations
References
Case No. ADJ8411218
Regular
Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefits Trust Fund's petition for reconsideration. Applicant's petition was granted to amend the original Findings and Order. The Board found that PV Mart dba Buy Low Market, Inc. was not a special employer of the applicant, Rafael Becerra. Consequently, PV Mart and its insurer were dismissed as party defendants, and the applicant was deemed an employee of Keyanoosh Ghamari dba Code 3 Security at the time of injury.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundSpecial Employment RelationshipGeneral EmploymentBorrowing EmployerLending EmployerRight to ControlCredibility DeterminationBuy Low MarketCode 3 Security
References
Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)
Regular
Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release
References
Case No. ADJ8365866
Regular
May 02, 2014

CESAR MARTIN vs. STUDIO CHAMELEON LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, affirming the finding that the applicant's injury arose out of and occurred in the course of employment. The Board found the applicant's stop at a friend's house to retrieve a phone charger benefited the employer by enabling continued communication. Additionally, the auto accident occurred after the applicant left his friend's house and was en route back to the employer's premises on a normal route, thus concluding any deviation. The Board also clarified the legal distinction between "scope of employment" (a tort concept) and "course of employment" (a workers' compensation term of art).

Workers' Compensation Appeals BoardPetition for Reconsiderationdeniedcourse of employmentscope of employmentmotor vehicle accidentmaterial deviationemployer's instructionsapplicant's benefitpersonal comfort
References
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

Guillermo Rivera vs. Cal Scan Trade Company/Villa Auto Sales, ACE USA, Preferred Employers

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
Case No. ADJ15446832
Regular
Apr 10, 2023

SALVADOR TORRES MACIEL vs. ZARATE BROTHERS INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an employer challenging an expedited workers' compensation award. The employer argued the case proceeded to trial prematurely before discovery was complete and that the finding of temporary partial disability was unsupported. The Appeals Board denied reconsideration, adopting the judge's reasoning that the employer was afforded due process and that the Qualified Medical Examiner's reports provided substantial evidence for the disability finding. The Board also noted that the employer failed to demonstrate substantial prejudice or irreparable harm.

Expedited FindingsTemporary Partial DisabilityPetition for ReconsiderationDeclaration of Readiness to ProceedQualified Medical ExaminerMaximum Medical ImprovementSubstantial EvidenceDiscoveryRemovalPetition to Take Off Calendar
References
Case No. ADJ2984143 (LBO 0340645) MF ADJ3946341 (LBO 0340644) ADJ896223 (LBO 0340643)
Regular
Jun 26, 2012

FERNANDO GUZMAN vs. ACU-AIR CARGO, LLC, PARSONS TRANSPORTATION, LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's decision that barred the applicant's claims due to the employer's bankruptcy. The Board clarified that a bankruptcy discharge injunction does not prevent a WCAB proceeding if the goal is to collect from a collateral source like the Uninsured Employers Benefits Trust Fund (UEF), not the discharged bankrupt employer personally. Relying on *In Re Munoz*, the Board held that a WCAB proceeding can continue to establish an award against the bankrupt employer, which is a necessary precursor for the UEF to pay. Therefore, the applicant may proceed with their claims before the WCAB, provided they stipulate they are not seeking personal recovery from the bankrupt employer.

UEFbankruptcy discharge injunctioncollateral sourcesubstantial shareholderLabor Code section 3717.1uninsured employerproof of claimautomatic staynondischargeable debtMunoz
References
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
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