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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Weinfeld v. HR Photography, Inc.

The plaintiff, injured at a wedding by a videographer (Vladimir Kataiev) hired by HR Photography, Inc. (HR), sued HR for vicarious liability and negligent hiring, retention, and supervision. HR moved for summary judgment, arguing Kataiev was an independent contractor. The Supreme Court granted HR's motion, finding Kataiev an independent contractor and no evidence of HR's negligence. This appellate court affirmed the Supreme Court's decision, concluding that HR successfully demonstrated Kataiev's independent contractor status based on factors like using his own equipment, receiving cash payments without benefits, and HR exercising only minimal control. The court also found no evidence that HR knew of Kataiev's propensity for the conduct that caused the injury.

Vicarious LiabilityIndependent ContractorNegligent HiringNegligent RetentionNegligent SupervisionSummary JudgmentAppellate ReviewEmployer-Employee RelationshipControl TestTort Law
References
21
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
6
Case No. ADJ10454739
Regular
Jan 07, 2020

Antonio Santelices vs. Baron HR, LLC, Bison Workforce Solutions, Inc., State Compensation Insurance Fund, Public Investment Corp., Insurance Company of the West

This case concerns a workers' compensation claim where the applicant alleged injury while employed by Baron HR, LLC, who sent him to work for Pacific Coast Warehouse. The arbitrator found Baron HR to be the general employer and Pacific Coast Warehouse the special employer, and importantly, that Bison Workforce Solutions (BWS) was the employer for insurance purposes, making its insurer, SCIF, liable. SCIF petitions for reconsideration, arguing BWS and Bison Data Systems are distinct and BWS was insured by Hartford, not SCIF, and challenging the arbitrator's evidentiary findings. The Board rescinded the arbitrator's decision, remanding for further proceedings to clarify the employment and insurance coverage relationships, especially concerning BWS's role as a Professional Employer Organization and compliance with PEO insurance regulations.

Workers' Compensation Appeals BoardAntonio SantelicesBaron HR LLCBison Workforce SolutionsState Compensation Insurance Fundgeneral employerspecial employeremployee leasingProfessional Employer OrganizationPEO
References
0
Case No. ADJ7649889
Regular
Aug 13, 2012

ANDREA FREDENBURG vs. 24-HR FITNESS, ACE AMERICAN, GALLAGHER BASSETT SERVICES

This case concerns a petition for removal filed by the defendant, 24-HR Fitness, seeking to vacate a prior ruling that allowed limited discovery. The Appeals Board dismissed the petition, adopting the judge's report. The judge found that the defendant's claims of prejudice and irreparable harm were unsubstantiated. Therefore, discovery remains open solely for the applicant to depose Dr. Hamilton on the issue of earnings, with admissibility to be determined at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalMandatory Settlement ConferenceAdmissibilityDepositionDr. HamiltonEarningsPrejudiceIrreparable Harm
References
2
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
15
Case No. ADJ9219504
Regular
Dec 22, 2016

SANDY CASAS vs. NESTLE HOLDINGS, INC., ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board affirmed the Administrative Judge's finding that applicant Sandy Casas sustained a left shoulder injury arising out of and in the course of employment. The Board found that Nestle Holdings, Inc. had notice of the injury prior to applicant's termination on October 14, 2013, based on applicant's report to HR on October 9, 2013, and the subsequent HR investigation. Therefore, the post-termination defense under Labor Code section 3600(a)(10) was not applicable. The Board also affirmed the WCJ's finding that the Agreed Medical Evaluator's report was based on substantial evidence.

Workers' Compensation Appeals BoardPost-termination defenseLabor Code section 3600(a)(10)Notice of injuryPre-terminationAgreed Medical EvaluatorSubstantial evidenceHuman ResourcesGrievanceSupervisor misconduct
References
2
Case No. MISSING
Regular Panel Decision

Correa v. Mana Products, Inc.

Plaintiff Evelyn Correa sued Mana Products, Inc. and its management for retaliatory discharge, alleging violations of Title VII and 42 U.S.C. § 1981. She claimed dismissal was due to complaining of discriminatory practices and participating in internal company investigations. As HR Manager, Correa investigated employee grievances, including discrimination claims from Yoni Sanchez and Rafael Fernandez who later filed with the New York Human Rights Division. Mana terminated Correa, stating that she sided with employees, leading to a loss of trust from management. The court, applying the McDonnell Douglas burden-shifting framework, found that Correa failed to demonstrate she engaged in protected activity under either the opposition or participation clauses of Title VII, as her actions were within her regular HR duties. Therefore, the court granted the defendants' motion for summary judgment, dismissing the case.

Retaliatory DischargeTitle VII42 U.S.C. § 1981Summary JudgmentHuman Resources ManagerProtected ActivityOpposition ClauseParticipation ClauseDiscrimination ComplaintsInternal Investigations
References
27
Case No. ADJ8149505 ADJ8149506
Regular
Apr 10, 2018

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK

This case involved a dispute over a hospital lien claim from Monrovia Memorial Hospital. Initially, the Workers' Compensation Judge (WCJ) found insufficient evidence on the reasonableness of the hospital charges and ordered the parties to attempt to resolve it. After the hospital petitioned for reconsideration, the parties engaged in mediation and reached a settlement. The Appeals Board approved the stipulation, ordering the defendant to pay Monrovia Memorial Hospital $70,000 for its lien claim. Additionally, the defendant was ordered to reimburse another lien claimant, Joyce Altman Interpreters, $13,020.90$.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationJoint Findings and OrdersBill ReviewerStipulationsMediationWCJADJ8149505ADJ8149506
References
0
Case No. ADJ10459640
Regular
Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar
References
8
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
0
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