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

Case No. ADJ7793905, ADJ7793938
Regular
Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration
References
Case No. BAK 0141892
Regular
Apr 22, 2008

CHARLES E. BRYANT, JR. vs. WILLIAM F. RENFROW and CAROLYN S. RENFROW, individual shareholders of PUBLIX MOTORS, INC. dba PRO AUTO SALES AND LEASING

This case concerns whether applicant, injured while helping move a stove at the sole shareholders' residence, was an employee of the auto dealership or the individuals. The Appeals Board affirmed the WCJ's finding that the applicant was an employee of the auto dealership at the time of injury. This determination was based on credible testimony that the applicant was directed by his supervisor (and son of the shareholders) to perform the task and would be "on the clock" for the dealership, establishing an employer-employee relationship for the purpose of workers' compensation.

Workers' Compensation Appeals BoardIndustrial InjuryEmployer LiabilityCorporate VeilDual EmploymentPersonal ActVolunteer StatusCredibility FindingsOn the ClockCorporate Employer
References
Case No. ADJ6780051
Regular
Sep 03, 2010

WILLIAN DUARTE, Deceased, JANET ARCE, as Guardian Ad Litem for GISSELLE J. DUARTE, BYRON E. DUARTE and NAOMI E. DUARTE, Minor Dependents vs. ADLR TRANSPORTATION, INC., Illegally Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board granted reconsideration and rescinded the original award due to lack of proper joinder and due process for Fatima Hernandez. The Board found that Hernandez, though appearing for the employer ADLR Transportation, Inc. and stipulated to the Board's jurisdiction, was never formally joined as a defendant. Awarding benefits against her individually or as a shareholder without proper notice would violate her due process rights. The matter was returned to the trial level for further proceedings to ensure all defendants are properly joined. The attorney's fee was not increased due to a lack of notice to clients regarding adverse interests.

Workers Compensation Appeals BoardIllegally UninsuredUninsured Employers Benefit Trust FundDeath BenefitsGuardian Ad LitemPetition for ReconsiderationFindings and AwardAttorney's FeeTruck DriverOwner and Sole Shareholder
References
Case No. ADJ10030620, ADJ10030622
Regular
Jan 12, 2018

ANTONIO CORONA SOSA vs. DANA INVESTMENT LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, Marwan Khader Alrifai

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration from an order joining a substantial shareholder due to the order not being a final determination. However, the WCAB granted a petition for removal, treating the filing as such, because the shareholder was allegedly denied due process by not being properly served and given an opportunity to respond. The WCAB rescinded the joinder order, returning the matter to the trial level to allow the shareholder to present their case. This decision ensures due process by permitting the shareholder to respond to the joinder petition and present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSubstantial ShareholderDue ProcessPetition for JoinderFinal OrderInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ9914256
Regular
Nov 05, 2018

BASILIO RODRIGUEZ vs. MEXUS PRODUCE, THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that stayed the lien of Reshealth Medical Group. The Board found that the employer failed to provide substantial evidence that Eric Schames, who is subject to a stay under Labor Code section 4615, controlled Reshealth Medical Group as an officer, director, or 10% shareholder. Information from the Secretary of State indicated different corporate structures and officers for Reshealth Medical and Reshealth Diagnostics, contradicting the employer's evidence. Consequently, the case is returned to the trial level for further proceedings.

Labor Code section 4615Reshealth Medical GroupEric SchamesDIR listEAMS notationcontrolled entityofficer or directorshareholdersubstantial evidencePetition for Reconsideration
References
Case No. ADJ9161156
Regular
Oct 01, 2018

GUADALUPE LARIOS vs. MING GUANG STONE AND CABINET, INC, THE HARTFORD

The Appeals Board granted reconsideration for both Mesa Pharmacy and Reshealth Medical Group, rescinding the prior order that stayed their liens under Labor Code section 4615. For Mesa, the case is returned for further proceedings due to its consolidation with over 12,000 other cases addressing common issues regarding Mesa's liens under section 4615. For Reshealth Medical, the Board found insufficient evidence that Eric Schames, a criminally charged individual, was an officer, director, or 10% shareholder of Reshealth Medical, thus failing the defendant's burden to establish control and a mandatory stay.

Labor Code section 4615WCABPetition for ReconsiderationOrder of ConsolidationMesa PharmacyReshealth Medical GroupEric SchamesDIR listEAMS notationFranchise Tax Board response
References
Case No. ADJ9507108
Regular
Sep 19, 2018

RICARDO GOMEZ vs. M&T SEAFOOD VILLAGE, INC., OHIO SECURITY INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted Reshealth Medical Group's petition for reconsideration, rescinding the prior finding that its lien was stayed under Labor Code section 4615. The WCAB found insufficient substantial evidence that Eric Schames, who is subject to a stay, was an officer, director, or 10% shareholder of Reshealth Medical Group. Public filings from the Secretary of State contradicted the limited evidence presented by the defense regarding Schames' control over Reshealth Medical Group. The case was returned to the trial level for further proceedings to properly determine if the lien is subject to the stay.

Labor Code section 4615Petition for ReconsiderationLien claimantWCJEric SchamesDIR listEAMS notationFTB responseSecretary of Statecontrolled entity
References
Case No. ADJ10264533
Regular
Oct 07, 2017

KENNETH GOSLING vs. CALIFORNIA SECURITY AND INVESTIGATIONS ACADEMY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision. The Board found that while the applicant was correctly identified as an employee, the issue of whether he was excluded from workers' compensation coverage is a matter for mandatory arbitration. Therefore, the case is remanded to the trial level to proceed with arbitration on the coverage issue. The WCJ's prior finding that the applicant was not excluded from coverage is superseded by this order.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactCumulative TraumaCorporate Officer ExclusionLabor Code Sections 3351(c)Labor Code Section 4151Mandatory ArbitrationInsurance CoverageEmployee Definition
References
Case No. ADJ2502806 (SDO 0295752)
Regular
Jun 06, 2018

Natalia Beck, Kim Fortes vs. TWO GUYS RELOCATION SYSTEM

The Workers' Compensation Appeals Board denied the petitioner's request for removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The WCJ's report provided sufficient analysis of the petitioner's arguments, leading to the denial of the petition. Therefore, the matter will proceed without the requested removal.

RemovalPetition for RemovalWCJ ReportSupplemental PleadingSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyCourt Appointed ReceiverChapter 7 Trustee
References
Case No. ADJ802487
Regular
Oct 30, 2014

MANUEL GODINEZ vs. IDD PROCESS & PACKING, INC.; SUSAN and JEFFREY GUNN, substantial shareholders

This case involves an applicant, Manuel Godinez, seeking workers' compensation benefits for a back injury allegedly sustained on December 14, 2007. The Administrative Law Judge (ALJ) denied the claim, finding the applicant did not sustain an injury arising out of and in the course of employment, a decision the Workers' Compensation Appeals Board (WCAB) adopted. The WCAB denied the applicant's Petition for Reconsideration, giving great weight to the ALJ's credibility findings. The applicant's claim faced dismissal for lack of prosecution and later had credibility issues due to inconsistent testimony and medical records not supporting the claimed injury mechanism.

Petition for ReconsiderationWCABLabor Code § 5903Findings of FactCredibilityIndustrial InjuryCourse of EmploymentCausationMedical EvidenceDismissal of Claim
References
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