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

Case No. ADJ1883473
Regular
Dec 14, 2018

JOSE MANUEL SALDIVAR vs. REUEL SARABIA CIPRIANO, dba GENESIS GENERAL BUILDING CONTRACTOR, INC., ALEXANDER LEIGH, DAVID LEIGH, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior findings and substituted new ones, determining Alexander Leigh was the employer of Jose Manuel Saldivar. The Board found that the unlicensed and uninsured contractor, Reuel Sarabia Cipriano, was acting as an employee of the property owner, Alexander Leigh, as a matter of law, due to Cipriano's failure to maintain a valid contractor's license and workers' compensation insurance. The WCAB specifically rejected the argument that Cipriano's alleged misrepresentations to the property owner estopped the injured worker or the Uninsured Employers Benefits Trust Fund (UEBTF) from establishing Leigh as the employer. Therefore, the WCAB ordered that Leigh, as the ultimate hirer, was legally responsible for Saldivar's industrial injury.

Uninsured Employers Benefits Trust Fundillegally uninsuredunlicensed contractorultimate hireremployee statusindependent contractorestoppeldue processcross-examinationDeclaration of David Leigh
References
Case No. ADJ7507358
Regular
Apr 03, 2023

KENNETH HARLAN vs. RENE M. CASAREZ aka RENE CASAREZ aka RENE BASAREZ aka RENE CAESAREZ dba AFFORDABLE PLUMBING AND ROOTER, HIROSHI CHARLES TANGE, FARMERS INSURANCE

This case concerns a worker injured while performing plumbing services at a new construction project. The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that the homeowner, Hiroshi Tange, was the applicant's employer. The Board gave significant weight to the Workers' Compensation Judge's credibility determination of witnesses. Ultimately, the Board found no substantial evidence to overturn the judge's conclusion that the applicant was an employee working for the benefit of the homeowner, who exercised control over the project.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationhomeownerunlicensed contractorindependent contractorpresumption of employmentLabor Code Section 3700Business and Professions Code Section 7125.2
References
Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
Case No. ADJ7870189
Regular
Nov 09, 2018

ALDO RODRIGUEZ vs. ALADDIN CUSTOM POOLS, INC., IMPERIUM, administered by ATHENS ADMINISTRATORS, SERGIO CHIQUETE, JUANA CHIQUETE, FIRE INSURANCE EXCHANGE c/o FARMERS INSURANCE, SILVERIO QUIRARTE, uninsured, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case clarifies employer liability for an injured worker in the context of unlicensed contractors. The Appeals Board found applicant Aldo Rodriguez was solely employed by Silverio Quirarte, an unlicensed contractor, for work performed on May 15, 2010. Applicant did not meet the hours threshold to be considered an employee of the homeowners (Chiquetes) under Labor Code Section 3352(a)(8), thus excluding them as employers. Aladdin Custom Pools was also dismissed as applicant had no direct employment or remuneration from them.

Uninsured Employers Benefits Trust FundUEBTFemployer identityindustrial injuryright eye injuryleft eye injurypsyche injuryjackhammer accidentAladdin Custom PoolsSilverio Quirarte
References
Case No. ADJ6540543
Regular
Jun 07, 2013

Christopher Toms vs. Marvin Lee Weatherbee dba BEELINE TRANSPORTATION, illegally uninsured, KIEWIT PACIFIC COMPANY, permissibly self-insured

This case involves Christopher Toms, an applicant injured while employed as a truck driver by Beeline Transportation, an illegally uninsured entity. The Workers' Compensation Appeals Board granted reconsideration of a finding that Kiewit Pacific Company, permissibly self-insured, was a dual employer. The Board rescinded the prior award, finding that Kiewit was a contracting party who engaged Beeline as an independent contractor. No statutory basis existed to deem Toms an employee of Kiewit, therefore Kiewit is not liable for workers' compensation benefits.

Workers Compensation Appeals BoardChristopher TomsMarvin Lee WeatherbeeBeeline TransportationKiewit Pacific Companyillegally uninsuredpermissibly self-insureddual employersultimate hirerjoint and severally liable
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. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ4545436 (MON 0239153) ADJ2469269 (MON 0239154)
Regular
Sep 07, 2010

ACELIA SANTILLAN vs. ULTIMATE STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For SUPERIOR NATIONAL INSURANCE GROUP, In Liquidation

This case involves an applicant claiming industrial injury to her back, cervical spine, and psychiatric condition. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that excluded psychiatric disability. The WCAB found that the Administrative Law Judge erred by looking behind prior stipulations and that the applicant was entitled to have her psychiatric injury assessed. The case is returned to the trial level for further proceedings to include psychiatric disability in the permanent disability rating.

ACELIA SANTILLANULTIMATE STAFFINGCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONSUPERIOR NATIONAL INSURANCE GROUPADJ4545436ADJ2469269WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONJOINT FINDINGS AND AWARDSTIPULATED AWARD
References
Case No. ADJ3974600 (MON 0334960); ADJ4075150 (MON 0334961); ADJ277095 (MON 0358718)
Regular
Feb 17, 2009

GLADYS JIMENEZ vs. ROSS STAFFING, Dba ULTIMATE STAFFING; ZURICH AMERICA, Administered By NOVAPRO RISK SOLUTIONS

The Appeals Board granted reconsideration and amended the original award to correct clerical errors. Specifically, the temporary disability period was corrected to June 16, 2005, through June 20, 2005. The award was also clarified to reflect that the defendant is entitled to credit for attorney fees against permanent disability advances. Finally, the defendant was found not liable for medical-legal costs that did not comply with Labor Code sections 4061 and 4062.

Workers' Compensation Appeals BoardGladys JimenezRoss StaffingUltimate StaffingZurich AmericaNovapro Risk SolutionsADJ3974600ADJ4075150ADJ277095Opinion and Order Granting Reconsideration
References
Case No. ADJS87312 (LAO 0832831)
Regular
Jul 01, 2018

RAMIRO ZAPATA JIMENEZ vs. LUIS ARAGON, MARCOS BOLANOS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the finding that property owner Marcos Bolanos was the "ultimate employer" of Ramiro Zapata, who sustained industrial injuries while working on Bolanos' property. The Board found Bolanos failed to prove the statute of limitations barred Zapata's claim, as Bolanos had notice of the injury shortly after it occurred but failed to provide Zapata with notice of his workers' compensation rights. Bolanos' contentions regarding denial of cross-examination and improper joinder were also rejected. A dissenting opinion argued the claim against Bolanos should be barred by the one-year statute of limitations due to an attorney's letter sent to Bolanos within months of the injury.

Workers' Compensation Appeals BoardRamiro Zapata JimenezLuis AragonMarcos BolanosUninsured Employers Benefits Trust FundIndustrial InjuryTemporary Total DisabilityPermanent DisabilityLicensed ContractorUninsured
References
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