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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

Silverio v. Koninklijke Nederl. Stomb. Maats.

This case involves a longshoreman who filed a negligence action under the Longshoremen's and Harbor Workers' Compensation Act. The plaintiff was allegedly injured when he slipped on grease spots aboard the defendant's vessel, the M/S Hermes, in Brooklyn, New York. The court noted that the plaintiff failed to provide proof of the grease spots' origin or duration. Citing *Espinoza v. United States Lines, Inc.*, the court stated that a shipowner is not liable for dangerous conditions arising during stevedoring operations unless they have actual knowledge and fail to take remedial action. As there was no evidence that the ship's personnel knew about the grease spot before the accident, and the condition likely arose during loading, the court dismissed the plaintiff's complaint.

NegligenceLongshoremenHarbor Workers' Compensation ActSlip and FallVessel NegligenceStevedoring OperationsBurden of ProofActual KnowledgeDangerous Condition
References
1
Case No. ADJ8160532
Regular
Mar 20, 2014

JOSE SILVERIO vs. SPRING TIME FASHION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed five petitions for reconsideration filed by lien claimants' representative Bernice Rodriguez. These petitions challenged Notices of Intention to Dismiss Liens, which are not final orders. The WCAB admonished Rodriguez and the lien claimants for wasting the Board's time with improper filings and violating WCAB rules. The matter was returned to the Presiding Workers' Compensation Judge for further proceedings.

Workers' Compensation Appeals BoardPetitions for ReconsiderationNotices of Intention to Dismiss LiensLien ConferencePresiding Workers' Compensation JudgeAbraham & Isaac CollectionsInc.Lien ClaimantsSanctionsProfessional Standards of Conduct
References
0
Case No. ADJ3766797 (AHM 0145349)
Regular
Nov 19, 2010

SILVERIO RUIZ vs. COVE FOURSLIDE AND STAMPING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to amend the original award, finding that the applicant is in need of further medical treatment for his industrial neck and back injury. While affirming other findings, including the denial of psychiatric injury and the original permanent disability rating, the Board did modify the award to include all reasonably required future medical treatment. The decision emphasizes that a single physician's opinion can constitute substantial evidence, even if inconsistent with other opinions.

Workers' Compensation Appeals BoardSilverio RuizCove Four-slide and StampingState Compensation Insurance FundADJ3766797Findings and AwardAdministrative Law Judge (WCJ)Machine OperatorQuality Control WorkerContinuous Trauma
References
3
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