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

Case No. ADJ7654039
Regular
Nov 10, 2015

SALVADOR TOVAR vs. SCHERFIELD RANCHES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Salvador Tovar's petition for reconsideration because it was filed untimely. The petition was submitted more than 25 days after the Workers' Compensation Judge's decision was served, exceeding the jurisdictional deadline. Even if the petition had been timely, it would have been denied due to its insufficient content. Therefore, the WCAB lacked authority to consider the substance of the petition and ordered its dismissal.

Petition for ReconsiderationUntimely FilingWCABWorkers' Compensation Administrative Law JudgeWCJ DecisionLabor CodeCalifornia Code of RegulationsJurisdictional LimitAppeals Board AuthoritySkeletal Petition
References
4
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. 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. 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
Case No. ADJ8334684
Regular
Sep 09, 2013

ABEL RODRIGUEZ vs. RIVER RANCH FRESH FOODS, LLC, ZURICH NORTH AMERICA

In this workers' compensation case, the applicant, Abel Rodriguez, filed a petition for reconsideration after an adverse ruling. The applicant alleged an industrial injury to his back sustained on December 31, 2011, while employed by River Ranch Fresh Foods, LLC. The Workers' Compensation Appeals Board denied the petition, adopting the findings of the administrative law judge. The judge found the applicant’s testimony regarding the injury and its reporting to be credible and unrebutted, despite minor inconsistencies that did not materially impact his credibility. The Board gave great weight to the judge's credibility determinations, affirming the denial of reconsideration.

WCABPetition for ReconsiderationOrder DenyingCredibilityAOE/COELabor Code Section 3202.5Witness TestimonyImpeachmentMedical EvidenceCausation
References
1
Case No. ADJ11079458
Regular
Feb 19, 2020

MARCELINO GOROSTIETA (Deceased); REYNA RAMIREZ vs. RANCH OF THE GOLDEN HAWK; EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board affirmed the Workers' Compensation Judge's finding that the applicant failed to prove serious and willful misconduct by the employer, Ranch of the Golden Hawk. The applicant alleged the employer's gross negligence in hiring an unlicensed contractor who subsequently hired the deceased. However, the Board determined the employer's manager, while careless in relying on a subordinate's recommendation, did not exhibit the required "quasi-criminal" disregard for safety. The evidence did not establish the employer knowingly placed the employee in a situation of obvious and extreme danger, distinguishing it from prior cases.

Serious and Willful MisconductLabor Code section 4553Cal/OSHAwillful blindnessconscious disregardlicensed contractorworker safetyquasi-criminalemployer liabilitynegligence
References
5
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
0
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