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

Case No. ADJ6540543
Regular
Jun 19, 2012

CHRISTOPHER TOMS vs. MARVIN WEATHERBEE dba BEELINE TRANSPORTATION, UEBTF, KIEWIT INFRASTRUCTURE (special appearance)

The Workers' Compensation Appeals Board (WCAB) dismissed the Uninsured Employers Benefits Trust Fund's (UEBTF) petition for reconsideration of a June 19, 2012 decision. The UEBTF argued the administrative law judge lacked the authority to issue the original statement regarding discretionary benefits. However, the WCAB found the petition untimely, as it was filed over twenty days after the decision and outside the statutory filing period. Therefore, the Board dismissed the UEBTF's petition without addressing the merits of their argument.

UEBTFPetition for ReconsiderationUntimelyWorkers' Compensation Appeals BoardWCJMinutes of HearingDiscretionary BenefitsBee Line TransportationMarvin WeatherbeeKiewit Infrastructure
References
0
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
1
Case No. VNO 466077, VNO 466078
Regular
Apr 10, 2008

PABLO GONZALEZ vs. CHECK MATE STAFFING, UEBTF DEPENDABLE HIGHWAY EXPRESS, COMMERCE & INDUSTRY INSURANCE COMPANY C/O AIG DOMESTIC CLAIMS

This case involves a defendant's petition for reconsideration regarding a Notice of Intention (NIT) to approve a settlement that unilaterally added a reimbursement obligation to the Uninsured Employers Benefits Trust Fund (UEBTF). The Appeals Board granted reconsideration, rescinding the NIT due to procedural defects, including improper service and a violation of the defendant's due process rights by unilaterally altering the settlement terms. The Board allowed the underlying Compromise and Release agreement to stand, as it was properly executed and did not contain the disputed reimbursement clause.

UEBTFAdelson Testan Brundo & JimenezNotice of IntentionApproval OrderReimbursementGeneral Special EmploymentThomas WaiverCompromise and ReleaseLabor Code sections 3715(e)3717
References
3
Case No. ADJ10531850
Regular
Aug 14, 2018

JORGE MACIEL IBARRA vs. TIM CAGLE, individually, doing business as TIM CAGLE DRYWALL, GREGORY AND BROOKE BAIRD, UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), ALLIED SACRAMENTO

This Workers' Compensation Appeals Board case involves applicant Jorge Maciel Ibarra's claim for an industrial injury as a drywall installer. The primary issue is whether applicant was a household employee, as the Uninsured Employers Benefits Trust Fund (UEBTF) argues for exclusion. The Board rescinded the initial findings and remanded the case for the WCJ to first determine the identity of the employer and insurance status. If Tim Cagle Drywall is uninsured, the WCJ must then decide if the applicant, as an employee of an unlicensed contractor, meets the household employee wage and hour thresholds for coverage.

UEBTFPetition for ReconsiderationHousehold EmployeeLabor Code section 3352(h)Ultimate HirerUninsured ContractorLicensed ContractorSection 2750.5(c)Section 3351(d)Workers' Compensation Appeals Board
References
5
Case No. LAO 0784069
Regular
Feb 11, 2008

RICARDO LOPEZ vs. HYON SEOP KIM, Individually and dba H.B. CONSTRUCTION, AARON SONG, an Individual, Illegally Uninsured, THE DIRECTOR OF INDUSTRIAL RELATIONS, As Administrator of THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) was not liable for a penalty on an attorney's fee award due to unreasonable delay. However, Labor Code section 3716.2 obligates the UEBTF to seek such penalties in civil enforcement actions against uninsured employers. Therefore, the Appeals Board amended the award to clarify that while UEBTF is not directly liable for the penalty, it remains part of the underlying award that UEBTF must pursue from the uninsured employers.

Uninsured Employers Benefits Trust FundUEBTFAttorney's fee awardLabor Code section 5814Labor Code section 3716.2Civil suitReconsiderationFindings and AwardWCJPenalty
References
1
Case No. ADJ387954 (OXN 0145858) ADJ2973719 (OXN 0145147)
Regular
Oct 27, 2017

FRANCISCO PRIETO vs. O.C. CONTRACTING, INC., AMERICAN INTERNATIONAL GROUP, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns a Petition for Reimbursement filed by Granite State Insurance Company against the Uninsured Employers Benefits Trust Fund (UEBTF). Granite State mistakenly paid workers' compensation benefits to an employee injured while working for an uninsured employer. The Workers' Compensation Appeals Board (WCAB) rescinded a prior order granting reimbursement, holding that UEBTF is not statutorily liable to reimburse insurance carriers for erroneous payments. The WCAB emphasized that UEBTF's purpose is to provide benefits to injured workers of uninsured employers, not to indemnify insurers. A dissenting opinion argued for amending the order to allow reimbursement to Granite State through applicant from funds UEBTF owes the applicant.

Uninsured Employers Benefits Trust FundGranite State Insurance CompanyPetition for ReimbursementLabor Code sections 37153716mistaken paymentillegally uninsured employerLabor Code section 4909creditdirect reimbursement
References
0
Case No. SAC 293290
Regular
Feb 21, 2008

WILLIAM MENDOZA vs. LEE CUNEO dba THE BODY SHOP, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration to address the Uninsured Employers Benefits Trust Fund's (UEBTF) contentions. While affirming the award of retroactive vocational rehabilitation maintenance allowance (VRMA) at the delay rate, the Board amended the original order to allow the UEBTF credit for wages earned by the applicant as a property manager and for his net recovery in a third-party civil action against the uninsured employer. This credit will reduce the UEBTF's liability for the VRMA.

UEBTFVRMAdelay ratecredit for wagescivil action recoveryLabor Code section 139.5Labor Code section 4909property manager earningsthird party actionnet recovery
References
1
Case No. ADJ7125024
Regular
Apr 07, 2014

JOSHUA INGMAN vs. GRANT'S BOBCAT AND HAULING, R4CORPORATION, INC., LABOR READY, CITY OF SACRAMENTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CASTLEPOINT NATIONAL INSURANCE, NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefit Trust Fund's (UEBTF) Petition for Removal. The Board found that the UEBTF failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision. Furthermore, the Board noted that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Given the significant delay in the applicant receiving benefits, the ongoing insurance coverage arbitration, and the UEBTF's available remedies for recovery, removal was deemed an inappropriate extraordinary remedy.

RemovalUninsured Employers Benefit Trust FundUEBTFSubstantial PrejudiceIrreparable HarmReconsiderationInsurance CoverageArbitrationLabor Code Section 2750.5Meier case
References
3
Case No. ADJ10561426 ADJ10561449
Regular
Jan 29, 2020

SANTOS HERNANDEZ vs. ILINK BUSINESS MANAGEMENT, INC., STATE COMPENSATION INSURANCE FUND, AIG for COMMERCE AND INDUSTRY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning a prior order that had denied joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). This decision was based on a procedural defect where the joinder petition was filed before substituted service was completed. However, since service was subsequently completed, the WCAB found it judicially economical to grant removal and join the UEBTF as a party defendant. The UEBTF is now ordered to be joined, and all parties must serve them with relevant case documents.

Petition for RemovalUninsured Employers Benefits Trust FundSubstituted ServiceJudicial EconomyRescinded OrderDirector of Industrial RelationsOfficial Address RecordApplication for Adjudication of ClaimSpecial Notice of LawsuitProof of Service
References
0
Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
2
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