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

Case No. ADJ2183699 (VNO 0558048)
Regular
Oct 23, 2019

ALICIA RAMOS vs. DAVID HAKIM, The Handal Family Trust

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior determination that David Hakim was an illegally uninsured employer. Hakim appealed, arguing the applicant was an independent contractor, not an employee, thus he was not required to carry workers' compensation insurance. The Board found that Hakim's contention regarding the employment status sufficiently rebutted the prima facie case required for an illegally uninsured employer finding. The case is returned to the trial level for further proceedings to determine employment status and other related issues.

Workers' Compensation Appeals BoardPrima Facie DeterminationIllegally Uninsured EmployerPetition for ReconsiderationIndependent ContractorLabor Code Section 3715Uninsured Employers Benefit Trust FundArising Out Of and Occurring In The Course Of EmploymentAOE/COEDirector of Industrial Relations
References
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The Workers' Compensation Appeals Board (WCAB) rescinded its prior findings and substituted new ones, determining Alexander Leigh was the employer of Jose Manuel Saldivar.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. ADJ10140966
Regular
Jun 09, 2016

KAMAL KAILLAY vs. LIDHAR TRANSPORT, INC., PINA KAUR, KARANJIT SINGH, CALIFORNIA UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant employers' Petition for Reconsideration because it was unverified, a requirement under Labor Code section 5902. The employers sought to challenge a prior Finding and Award that determined the applicant sustained a work injury while employed by them while they were illegally uninsured. Even if the Petition had been properly verified, the WCAB would have denied it on the merits, adopting the WCJ's recommendation. The WCAB also noted additional procedural violations regarding attached documents and a supplemental filing.

Uninsured Employers Benefit Trust FundPetition for ReconsiderationFindings and AwardVerified PleadingsLabor Code Section 5902Appeals Board Rule 10842Appeals Board Rule 10848Report and RecommendationWorkers' Compensation Administrative Law JudgeDismissed Petition
References
Case No. ADJ3184944
Regular
May 03, 2011

Nicholas Moffit vs. Howard H. Chang, Tao Tao Chang, Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board denied reconsideration of a prior decision finding the applicant sustained a right shoulder injury while employed as an unlicensed tree trimmer for the uninsured defendants. The defendants petitioned for reconsideration, alleging new evidence and applicant perjury. However, the Board found the purported new evidence was either already considered or inadmissible due to lack of an offer of proof. The Board deferred to the judge's credibility findings, which supported the applicant's testimony of injury and employment.

WORKERS' COMPENSATION APPEALS BOARDUNINSURED EMPLOYERS BENEFIT TRUST FUNDRECONSIDERATION DENIEDCREDIBILITY FINDINGGARZA V WORKMEN'S COMP APPEALS BDUNLAWFULLY UNINSURED EMPLOYERPETITION FOR RECONSIDERATIONAOE/COESUMMARY OF EVIDENCEBUSINESS AND PROFESSIONS CODE 7026.1
References
Case No. ADJ9569685
Regular
Oct 26, 2015

Oscar Cuellar vs. KLM Development, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning the applicant's employment status. The prior decision found the applicant was an independent contractor and not employed by KLM Development. The Board is returning the case to the trial level for analysis of Labor Code section 2750.5 and Business and Professions Code section 7125.2, particularly regarding the licensing and insurance status of the alleged independent contractor, Jaime Perez.

WCABPetition for ReconsiderationFindings and Orderindependent contractoremployee statusLabor Code 2750.5Business and Professions Code 7125.2license statusinsurance statusRinaldi v. Workers' Comp. Appeals Bd.
References
Case No. ADJ2283092 (SAC 0351262)
Regular
Mar 20, 2009

Bernard Bonavita vs. Tahoe Vista LLC, Uninsured Employers Fund

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCAB found that the applicant's petition, which complained about the Uninsured Employers Fund's (UEF) handling of his claim and lack of benefit payments, was not subject to reconsideration. This was because no final order, decision, or award had been issued in the case. The WCAB remanded the matter to the trial level for a status conference to advance the claim toward resolution.

Workers' Compensation Appeals BoardUninsured Employers FundPetition for ReconsiderationFinal OrderLabor Code section 5900Discretionary PaymentsWCJStatus ConferenceSubstantive RightsLiability
References
Case No. VNO 504551
Regular
Mar 12, 2008

Armando Gutierrez vs. Anthony Bechtol dba Custom, Etc., illegally uninsured

The Workers' Compensation Appeals Board rescinded an Order Approving Compromise and Release because the defendant, an illegally uninsured employer, claimed he was not properly served and thus denied participation in the proceedings. Applicant's attorney failed to provide proof of service as ordered by the Board, leading to the conclusion that the defendant's petition for reconsideration was timely. The case is now returned to the trial level for further proceedings on the defendant's objections, including whether the applicant was an employee or independent contractor.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseUninsured Employers Benefits Trust FundProof of ServiceIndependent ContractorNotice of IntentionPetition for ReconsiderationTimelinessRescinded Order
References
Case No. ADJ7111609
Regular
Oct 15, 2018

ENEDINA RAMOS vs. SANTPRASKASH V. BHAGAT, Dba LOS ARCOS INN, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves Enedina Ramos claiming industrial injury as a housekeeper for Santpraskash V. Bhagat, dba Los Arcos Inn, who was illegally uninsured. Bhagat contested the applicant's employee status, arguing she worked for "Jay Pachal," unknown to him. The Workers' Compensation Appeals Board denied Bhagat's petition for reconsideration. The Board found ample credible evidence supported the WCJ's finding of employment, particularly the applicant's unrebutted testimony. Bhagat failed to demonstrate how an omitted stipulation regarding hiring authority caused prejudice.

WCABillegally uninsuredUninsured Employers Benefits Trust Fundindustrial injuryhousekeeperemployment relationshippresumption of employmentcredibility of witnessostensible agenthiring authority
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3619210 (VNO 0440227)
Regular
Mar 11, 2014

MARIO HERNANDEZ vs. HEIDI (aka HAYDEE) ACEITUNO, OSCAR ACEITUNO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns a stucco mason, Mario Hernandez, injured on September 8, 2001, while working for homeowners Heidi and Oscar Aceituno. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of employee status and awarded benefits. The WCAB found Hernandez estopped from claiming employee status and workers' compensation because he misrepresented his contractor licensure to the Aceitunos, who reasonably relied on this representation. The WCAB distinguished this situation from typical employee claims by emphasizing the applicant's fraudulent misrepresentation of his independent contractor status.

Labor Code § 2750.5EstoppelIndependent contractorLicensed contractorMisrepresentationStucco masonWillfully uninsuredFindings and AwardPetition for ReconsiderationDecision After Reconsideration
References
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