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

Case No. ADJ10983565
Regular
Aug 18, 2025

DERRYL THOMPSON vs. VICTORY OUTREACH CHINO, CHURCH MUTUAL INSURANCE CO., MISSION ACTS MINISTRIES, MECUM ACUTIONS, INC., ZURICH AMERICAN INS. CO.

Applicant Derryl Thompson claimed injury while working for alleged employers Victory Outreach Chino (general employer), Mission Acts Ministries (employer and personnel staffing agency), and Mecum Auctions, Inc. (special employer). Defendants Zurich American Insurance Company and Church Mutual Insurance Company sought reconsideration of the Findings and Order that established this dual employment relationship. The Appeals Board denied both petitions for reconsideration, affirming the WCJ's finding that the applicant was an employee and not a volunteer, and that Victory was a general employer while Mecum was a special employer, rejecting the defendants' arguments for exclusion under Labor Code sections 3352(a)(2) and (a)(9).

General employerSpecial employerVolunteer exclusionLabor Code 3352(a)(2)Labor Code 3352(a)(9)Aid or sustenanceRemunerationDual employmentStaffing agencyNon-profit status
References
Case No. SFO 0438557 SFO 0438562
Regular
May 05, 2008

LISA BURKE vs. WINTERLAND PRODUCTIONS, HARTFORD INDEMNITY & ACCIDENT COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address whether reimbursed expenses should be included in calculating an applicant's temporary disability indemnity rate. The Board reversed the prior award, ruling that reimbursed expenses for meals, lodging, and fuel are special expenses, not remuneration, and therefore should not be included in calculating the applicant's average weekly wage. The decision clarifies that such reimbursements do not constitute "advantages received by the injured employee as part of his remuneration" under Labor Code section 4454.

Workers' Compensation Appeals BoardTemporary Disability IndemnityReimbursed ExpensesEarnings CalculationLabor Code Section 4454RemunerationSpecial ExpensesAverage Weekly WageCumulative TraumaConcert Tour Salesperson
References
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
Case No. ADJ6649763
Regular
Oct 30, 2009

LESLIE ADAM MACK vs. ATLAS VAN LINES, ZURICH AMERICAN INSURANCE, GALLAGHER BASSETT

Reconsideration granted; temporary disability indemnity rate to be calculated based on net income, not gross income.

Average weekly earningsTemporary disability indemnityGross incomeNet incomeIndependent contractorSpecial expensesRemunerationLabor Code section 4454Hupp v. Workers' Compensation Appeals BoardSelf-employment earnings
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ6714992
Regular
Dec 17, 2010

JILL RUTH HAMILTON vs. DOHERTY EMPLOYMENT GROUP, INC., WAUSAU INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's decision, finding the applicant's claim for psychiatric injury barred under Labor Code section 3208.3(d). The Board clarified that "employment" for the six-month rule means actual performance of services, not just being on the company's books or receiving benefits. The applicant's actual paid work period was 179 days (5 months and 26 days), falling short of the required six months. Therefore, her claim for psychological injury was dismissed.

Workers' Compensation Appeals BoardReconsiderationLabor Code section 3208.3(d)Cumulative trauma injuryPsychiatric injurySix-month employment ruleActual servicesRemuneratedSudden and extraordinary employment conditionDate of injury
References
Case No. ADJ7870189
Regular
Nov 09, 2018

ALDO RODRIGUEZ vs. ALADDIN CUSTOM POOLS, INC., IMPERIUM, administered by ATHENS ADMINISTRATORS, SERGIO CHIQUETE, JUANA CHIQUETE, FIRE INSURANCE EXCHANGE c/o FARMERS INSURANCE, SILVERIO QUIRARTE, uninsured, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case clarifies employer liability for an injured worker in the context of unlicensed contractors. The Appeals Board found applicant Aldo Rodriguez was solely employed by Silverio Quirarte, an unlicensed contractor, for work performed on May 15, 2010. Applicant did not meet the hours threshold to be considered an employee of the homeowners (Chiquetes) under Labor Code Section 3352(a)(8), thus excluding them as employers. Aladdin Custom Pools was also dismissed as applicant had no direct employment or remuneration from them.

Uninsured Employers Benefits Trust FundUEBTFemployer identityindustrial injuryright eye injuryleft eye injurypsyche injuryjackhammer accidentAladdin Custom PoolsSilverio Quirarte
References
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