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

Case No. ADJ10975151
Regular
Jan 06, 2020

RUSSELL CAMARA vs. TESLA, INC., AMERICAN ZURICH INSURANCE COMPANY

In this workers' compensation case, the Applicant sustained an admitted industrial injury to the lumbar spine. The Applicant's primary treating physician (PTP) designated a secondary physician to evaluate permanent and stationary status and impairment, whose report the PTP adopted. The defense challenged the validity of this secondary physician's report, arguing only the Panel Qualified Medical Examiner's (PQME) report was properly obtained. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, affirming that the PTP, or a physician designated by the PTP, is authorized to render opinions on medical issues, provided proper notice and procedural requirements are met. The Board found the designation and subsequent report were compliant with Labor Code and Administrative Director Regulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationPrimary Treating PhysicianQualified Medical ExaminerLabor Code Section 4061.5Permanent and Stationary ReportMedical-Legal EvaluationSecondary PhysicianAdministrative Director Rule 9785Designation of Physician
References
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. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
Case No. ADJ705744 (AHM 0148879)
Regular
Feb 05, 2013

PATRICK MURRAY vs. BALTAZAR PEREZ, DBA PERFORMANCE AIR AND MECHANICAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CALIFORNIA COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Patrick Murray's petition for reconsideration, upholding the findings of the Workers' Compensation Judge (WCJ). The WCJ's report, which was adopted by the Board, determined that Murray was not an employee of California Auto Collision on the date of his injury. The Uninsured Employers Benefits Trust Fund's (UEBTF) petition for reconsideration was dismissed as skeletal and would have been denied on its merits as well. The Board found that the evidence supported the conclusion that Murray was an employee of Baltazar Perez, DBA Performance Air and Mechanical, and not California Auto Collision.

Workers' Compensation Appeals BoardPetition for ReconsiderationUninsured Employers Benefits Trust FundSkeletal PetitionWCAB Rule 10846Employee StatusIndependent ContractorControl TestSecondary IndiciaBorello Factors
References
Case No. ADJ3481415 (ANA 0409015) ADJ6464516
Regular
May 02, 2009

MARTHA DIAZ vs. CLEANATION BUILDING MAINTENANCE, GRANITE STATE INSURANCE, AIG DOMESTIC CLAIMS, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE

The Workers' Compensation Appeals Board denied Martha Diaz's petition for reconsideration of a prior decision. The administrative law judge (WCJ) found Diaz was an independent contractor, not an employee, and thus not entitled to workers' compensation benefits for her alleged industrial injuries. The Board agreed, finding that Diaz controlled her work hours and methods, was paid by the job, and operated her own cleaning service, consistent with independent contractor status. Even if a subcontract agreement was excluded, the evidence still supported the WCJ's independent contractor determination.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusLabor Code Section 3351Labor Code Section 3353Labor Code Section 3600(a)Borello TestControl TestSecondary IndiciaRight to Discharge
References
Case No. VNO 0412916
Regular
Sep 17, 2007

DEAN CORDELL vs. JACK DONALD LA VANCIL AND JAMES NICHOLSON, A GENERAL PARTNERSHIP, DBA DUAL SPORT CONNECTION, UNINSURED, BEST FORKLIFT SERVICE, TRUCK INSURANCE EXCHANGE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's finding that the applicant was an independent contractor at the time of his injury. The applicant presented arguments that the judge erred in his analysis, but the Board found that the evidence supported the independent contractor classification. This classification was based on factors such as the applicant's control over his work, use of his own tools, and payment method, which aligned with the definition of an independent contractor under Labor Code section 3353.

Workers' Compensation Appeals BoardDean CordellJack Donald La VancilJames NicholsonDual Sport ConnectionBest Forklift ServiceUninsured Employers Benefits Trust FundIndependent ContractorEmployeeLabor Code Section 3353
References
Case No. ADJ8091502
Regular
Nov 19, 2018

ENRIQUE VIZCAINO CONTRERAS vs. SAUL A. MOLINA-LUNA dba MOLINA'S AUTOMOTIVE, UNINSURED EMPLOYERS BENEFIT TRUST FUND

This case involves a worker's compensation claim where the applicant alleged injury while working as a mechanic for Molina's Automotive. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The WCAB affirmed the administrative law judge's finding that the applicant was an independent contractor, not an employee, based primarily on the employer's lack of control over the details of the work. Because the applicant was not found to be an employee, the WCAB did not address whether the incident caused a compensable injury.

Independent ContractorEmployee StatusControl TestSecondary IndiciaBorello FactorsSubcontracting WorkCompensable InjuryNeed for Medical TreatmentDisabilityWCJ Credibility Determination
References
Case No. ADJ1946809 (LAO 0785099)
Regular
Dec 03, 2008

Steven M. Luas vs. The Boeing Company, AIG Claim Services, Inc.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding permanent disability and apportionment. While the applicant sustained an industrial injury, the Board found that the defendant presented sufficient secondary evidence to establish a prior 11.5% permanent disability award for a right hand injury. The case was remanded for further proceedings to allow for proper apportionment of the current permanent disability based on the prior award.

WCABPetition for ReconsiderationFindings and Awardaircraft systems installercumulative traumapermanent disabilityapportionmentprior permanent disability awardLabor Code section 4664(b)Kopping
References
Case No. ADJ1581465; (LAO 0850949) ADJ1167896; (LAO 0860970)
Regular
Sep 26, 2008

DANIEL CHAVEZ vs. LEHIGH CONSUMER PRODUCTS, SENTRY CLAIMS SERVICE

Reconsideration granted, rescinding the July 7, 2008 Order Approving Compromise and Release due to potential Medicare Secondary Payer issues. Case returned for further proceedings.

Compromise and ReleaseMedicare Secondary PayerOrder Approving Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJSet Aside OAC&RMedicare Set-Aside ArrangementRescindedTrial Level
References
Case No. ADJ7160976
Regular
Sep 25, 2012

ANTONETTA WILLIAMS vs. CLAIRE'S STORES, INC., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings because the administrative law judge improperly relied on a secondary treating physician's report. The judge failed to establish that the requested attendant care was authorized or constituted substantial medical evidence. The Board emphasized that the primary treating physician must issue opinions on medical issues and the record needs further development to determine entitlement to attendant care.

Attendant carePrimary treating physicianSecondary treating physicianMedical treatment authorizationUtilization reviewSubstantial medical evidenceWorkers' Compensation Appeals BoardFindings and AwardReconsiderationAgreed Medical Examiner
References
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