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

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
17
Case No. MISSING
Regular Panel Decision

People v. Sergio

The court addresses a defendant's motion to dismiss an indictment for murder, manslaughter, and endangering the welfare of a child. The defendant, Laura Sergio, argued that privileged physician-patient communications were improperly used before the grand jury and that the evidence was legally insufficient. The court, presided over by Joel M. Goldberg, J., ruled that the physician-patient privilege was overcome by exceptions under Social Services Law and the Tarasoff doctrine, allowing disclosure of limited medical information due to public safety concerns. Furthermore, the court found the evidence presented to the grand jury legally sufficient to support the charges, despite possible alternative inferences. Consequently, the defendant's motion to dismiss the indictment was denied in its entirety, and the case will proceed.

Criminal LawIndictmentGrand JuryPhysician-Patient PrivilegeConfidentialityChild AbuseHomicideManslaughterMurderDepraved Indifference
References
43
Case No. ADJ7952281
Regular
Oct 20, 2011

SERGIO CHAVEZ vs. LAKE COUNTY ELECTRIC SUPPLY, HARTFORD

Applicant Sergio Chavez, through his attorney, petitioned to disqualify Workers' Compensation Judge George R. Ferris, alleging bias stemming from an incident on September 1, 2011. The judge denied the petition, stating he would decide all cases based on evidence presented and that the incident would not prejudice the applicant or his attorney. The Workers' Compensation Appeals Board adopted the judge's report, finding no reason to doubt his impartiality and therefore denied the disqualification petition.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesevidenceimpartialityWorkers' Compensation Appeals Board
References
0
Case No. AHM 0138965
Regular
May 29, 2007

Sergio Patron vs. DENNY'S RESTAURANT, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Sergio Patron's petition for reconsideration as untimely because it was filed more than 25 days after the original decision was mailed. Applicant's arguments regarding a 10-day notice of intention and a 30-day filing period were rejected as inapplicable to the circumstances. Therefore, the petition was procedurally barred and dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitsFindings and OrderService by MailNotice of TrialWCAB Rule 10562Occupational Safety and Health Appeals BoardLabor Code Section 6614
References
5
Case No. ADJ9290820
Regular
Sep 16, 2014

SERGIO RUBALCAVA vs. WASTE CONNECTIONS, ACE INSURANCE COMPANY OF NORTH AMERICA

The Workers' Compensation Appeals Board denied Sergio Rubalcava's Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found Rubalcava did not sustain an injury arising out of and in the course of employment. The WCJ disbelieved Rubalcava's testimony regarding the mechanism of injury, partly due to an 8-second video, and found his account lacked credibility despite a Panel QME's opinion. The Board gave great weight to the WCJ's credibility findings, as established in case law.

Petition for ReconsiderationWorkers' Compensation Appeals BoardApplicantDefendantGarbage Truck DriverHead/Brain InjuryAOE/COEPanel QMETrier of FactCredibility
References
2
Case No. 2016 NY Slip Op 05108 [140 AD3d 1102]
Regular Panel Decision
Jun 29, 2016

Batzin v. Ferrone

Sergio Batzin, an appellant, sustained personal injuries while using a table saw during renovation work at a residential home owned by Dennis Ferrone. Batzin initiated legal action against Ferrone, alleging violations of Labor Law §§ 240 (1) and 241 (6). Ferrone sought summary judgment, asserting the homeowner's exemption, which the Supreme Court initially granted. However, the Appellate Division, Second Department, reversed this decision. The court ruled that the homeowner's exemption does not apply to owners who undertake renovations for purely commercial purposes, such as intending to resell the property for profit. As Ferrone admitted to purchasing the home for renovation and resale, and did not reside there prior to the accident, the court found he failed to establish his prima facie entitlement to the exemption, requiring his credibility regarding intent to be resolved by a factfinder.

Homeowner's ExemptionLabor LawPersonal InjurySummary JudgmentRenovation WorkCommercial PurposeResidential PropertyIntent to ResellCredibilityTable Saw Accident
References
16
Case No. ADJ7186657
Regular
Sep 30, 2011

Sergio Marquez vs. Alan's Lawnmower and Garden Center; INC, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sergio Marquez did not sustain an industrial injury. The applicant argued the employer's post-termination defense under Labor Code section 3600(a)(10) was inapplicable and that the presumption of injury under Labor Code section 5402 should apply. However, the Board adopted the WCJ's findings that neither the presumption nor an exception to the defense was established. The WCJ's report, which was incorporated by the Board, detailed why these arguments failed based on the evidence presented.

Workers Compensation Appeals BoardSergio MarquezAlan's Lawnmower and Garden CenterStar Insurance CompanyIllinois Midwest Insurance AgencyADJ7186657Order Denying Reconsiderationindustrial injuryLabor Code section 5402presumption of industrial injury
References
0
Case No. ADJ11880536
Regular
Aug 01, 2025

SERGIO AVILA vs. ADVANCED CONSTRUCTION, BITCO/OLD REPUBLIC GENERAL INSURANCE CORP.

The initial Findings and Order (F&O) from May 8, 2025, granted a credit to defendant Advanced Construction (ACS) from a third-party settlement. Applicant Sergio Avila sought reconsideration, arguing the WCJ erred in calculating ACS's comparative negligence and the total value of his case. The Appeals Board found the F&O lacked definite findings and identified evidentiary gaps concerning the net recovery, the WCJ's reliance on experts, and proof of benefits paid by ACS. Consequently, the Appeals Board rescinded the F&O and remanded the case for further proceedings consistent with its opinion.

Labor Code section 3861Third-party settlement creditComparative negligenceEmployer negligenceApplicant negligenceTotal damagesNet recoveryAllocation of faultPetition for ReconsiderationFindings and Order
References
11
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
5
Case No. ADJ4627948 (GOL 0097933)
Regular
Mar 10, 2011

SERGIO ANDRADE (Deceased) LOURDES FIGUEROA (Widow) vs. CARPINTERIA SAW & MOW, CHARTIS COSTA MESA

This case involves a petition for reconsideration filed by both the applicant and defendant regarding a prior decision in the workers' compensation claim of the deceased Sergio Andrade. The Workers' Compensation Appeals Board (WCAB) has granted the petitions for reconsideration. This action is taken to allow the WCAB further time to thoroughly review the factual and legal issues involved to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications must be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersService by Mail
References
0
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