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Case Law Database

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
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
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
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
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
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
Case No. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
Case No. ADJ2271789
Regular
May 07, 2019

JEFFREY MITCHELL vs. ERNEST JOHN SMITH, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation applicant seeking reconsideration of a decision awarding him 42 hours of weekly home health care, an ultralight wheelchair, and home modifications. The Uninsured Employers Benefit Trust Fund (UEBTF) argued against liability, claiming the treating physician did not use the correct form for home health care requests and that it had timely conducted utilization review. The Appeals Board affirmed the award, finding the UEBTF had a duty to investigate the need for services upon receiving medical reports and recommendations. Furthermore, the Board held that a prior stipulation obligated the UEBTF to continue providing home health care, and their utilization review process was either untimely or improperly conducted.

UEBTFReconsiderationFindings and AwardHome Health CareHome ModificationsUltralight WheelchairUtilization ReviewStipulationPanel Qualified Medical EvaluatorPrimary Treating Physician
References
Case No. ADJ843966 (SDO 0338705)
Regular
Dec 13, 2013

Reed Thomas Kirby vs. Arthur Gonzales, STATE FARM INSURANCE COMPANY, KEITH PATRICK DONNELLY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award. The WCAB affirmed the finding that the applicant sustained an injury while employed as a tree trimmer by an uninsured employer, Keith Patrick Donnelly. However, the WCAB amended the award to reflect that liability rests solely with the uninsured employer, not the Uninsured Employers Benefits Trust Fund (UEBTF), as UEBTF's liability is derivative. The WCAB rejected arguments that the City of San Diego was also responsible and confirmed the applicant is entitled to benefits from Donnelly.

Uninsured Employers Benefits Trust FundUEBTFKeith Patrick DonnellyTarzan Tree SpecialistsArthur GonzalesState Farm Insurance Companytree trimmerderivative defendantLabor Code section 3352(h)City of San Diego
References
Case No. ADJ3745795 (MON 0358797)
Regular
Jan 28, 2010

ROBERT JOHNSON vs. AUTOMATED TELLER ACCESSORIES CORPORATION, UEBTF

The Workers' Compensation Appeals Board granted Littler Mendelson's petition for reconsideration, amending the original award by deleting a finding of fact. The Board determined that Littler, as counsel for Automated Teller Accessories Corporation, failed to obtain proper withdrawal and did not provide adequate notice of non-appearance for trial. Consequently, the case is returned to the WCJ for further proceedings regarding the reasonableness of Littler's absence and any potential sanctions, ensuring due process.

WORKERS' COMPENSATION APPEALS BOARDAUTOMATED TELLER ACCESSORIES CORPORATIONUEBTFPetition for ReconsiderationFindings of Fact and AwardWCJemployee statusfailure to appear at trialwithdrawal of counselUninsured Employers Benefits Trust Fund
References
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