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

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. 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. 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
Case No. ADJ11504432
Regular
Jan 29, 2020

OMAR AREVALO vs. RAUL FLORES dba FLORES GARDENING

The Appeals Board dismissed the applicant's petition for reconsideration as the order was not final. However, the Board granted the applicant's petition for removal, rescinding the administrative law judge's order to take the case off calendar. This decision was based on the finding that the illegally uninsured employer made a general appearance at the mandatory settlement conference, thereby allowing for the joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). The Board emphasized that a general appearance is sufficient to establish jurisdiction over the employer and join the UEBTF.

UEBTF joindergeneral appearanceillegally uninsured employerremoval petitionreconsideration petitionorder taking off calendarmandatory settlement conferencethreshold issuesubstantive rightirreparable harm
References
18
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. ADJ9099771
Regular
Apr 18, 2014

Gary Reynolds vs. Michael Thomas Connolly, Beverly Connolly

This Workers' Compensation Appeals Board decision grants reconsideration to remove Beverly Connolly as a named employer, as she was never properly joined in the proceedings. The Board affirms the original finding that Gary Reynolds was an employee of Michael Thomas Connolly, based on Labor Code § 2750.5's conclusive presumption for work exceeding $500 when the worker lacks a valid contractor's license. The employer's arguments regarding estoppel, due process, and the UEBTF's joinder were rejected. The Board found that Reynolds was not an excluded employee under Labor Code § 3352(h) as the work was for Connolly's rental business, not his personal residence.

WCABPetition for ReconsiderationFindings and AwardEmployee StatusBeverly ConnollyUninsured Employers Benefits Trust FundUEBTFContractor's LicenseEstoppelLabor Code Section 2750.5
References
5
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
0
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