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Case Law Database

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

Case No. RIV 0071377 RIV 0071378 RIV 0070878

Regular

Nov 08, 2007

JOSE AYALA vs. CAMPBELL CONCRETE, ARCH INSURANCE COMPANY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision but affirmed the administrative law judge's findings, except to correct one finding. Specifically, the Board amended Finding of Fact Number 1 to clarify that the applicant sustained industrial injury to his low back and tailbone, but not to the rest of his spine, on September 16, 2004. The Board otherwise affirmed the original decision that the applicant's injuries caused no permanent disability and no need for further medical care.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorIndustrial InjuryPermanent DisabilityFurther Medical CareFindings of FactJoint Findings and OrderTreating PhysicianSubstantial Evidence

References

Case No. 2021-06-0186

Regular Panel Decision

Dec 08, 2021

Camacho, Yolanda v. Ricardo Allen, d/b/a Southern Standard Logistics, LLC

Yolanda Camacho, an employee of Southern Standard Logistics, LLC, sought temporary disability and medical benefits after sustaining a back and tailbone injury from a slip and fall incident during work. The employer, Ricardo Allen, disputed her eligibility, claiming she was an independent contractor and noting his lack of workers' compensation coverage. The Court, reviewing the record, determined Ms. Camacho was likely an employee based on admitted facts, including the employer's control over her work and provision of equipment. Consequently, the Court granted her request for medical benefits, ordering Mr. Allen to reimburse her $2,838.05 for treatment costs. While Ms. Camacho was found entitled to temporary disability benefits for the period she was off work, a specific monetary award could not be made due to a lack of evidence regarding her average weekly wage. Furthermore, the Court declared Ms. Camacho eligible to apply for discretionary payments from the Uninsured Employers Fund.

Workers' CompensationEmployee StatusIndependent ContractorSlip and FallBack InjuryTailbone InjuryMedical BenefitsTemporary Disability BenefitsUninsured Employers FundReimbursement

References

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JOSE AYALA vs. CAMPBELL CONCRETE, ARCH INSURANCE COMPANY, AMERICAN HOME ASSURANCE

Camacho, Yolanda v. Ricardo Allen, d/b/a Southern Standard Logistics, LLC

Workers' CompensationEmployee StatusIndependent ContractorSlip and FallBack InjuryTailbone InjuryMedical BenefitsTemporary Disability BenefitsUninsured Employers FundReimbursement