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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7850405
Regular
Jul 10, 2012

AMADOR PAPOCA vs. VILLA PACIFIC CONTRACTORS, INC., INSURANCE COMPANY OF THE WEST

This case concerns a petition for reconsideration filed by Amador Papoca regarding a Workers' Compensation Appeals Board decision from April 19, 2012. The petitioner has since withdrawn their petition. Consequently, the Board has issued an order dismissing the petition for reconsideration. The dismissal is effective as of the date of service, July 10, 2012.

Petition for ReconsiderationWithdrawnDismissalWorkers' Compensation Appeals BoardVilla Pacific ContractorsInsurance Company of the WestADJ7850405Pomona District OfficeFrank M. BrassRonnie G. Caplane
References
Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
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. LBO 367820
Regular
Jan 25, 2008

YU LIN JU vs. CHARLES JIA, UNINSURED EMPLOYERS' FUND

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's (WCJ) finding that the applicant was an independent contractor, not an employee. The WCJ found the applicant falsely represented having a contractor's license and insurance, estopping him from claiming employee status under Labor Code Section 2750.5. The Board deferred to the WCJ's credibility determination, which found the employer's testimony more credible.

Workers' Compensation Appeals BoardUninsured Employers' FundPetition for ReconsiderationAdministrative Law JudgeReconsideration DeniedCredibility FindingIndependent ContractorLabor Code Section 2750.5Rebuttable PresumptionEstoppel
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. ADJ6644580
Regular
Aug 30, 2010

EVER GONZALEZ vs. PLUS INTERNATIONAL CORPORATION, CHARTIS COSTA MESA On Behalf Of GRANITE STATE INSURANCE COMPANY

This case involves a worker injured on January 26, 2009, alleging employment by Plus International Corporation. The trial judge found the worker was employed by a subcontractor, Santos, who was unlicensed and uninsured. The Appeals Board granted reconsideration, rescinding the trial judge's finding. The Board remanded the case for further proceedings to develop evidence on whether the applicant was a roofer and if the project's total cost required a contractor's license. The Board noted that if a license was required, the subcontractor's lack of insurance would automatically render them unlicensed.

Labor Code section 2750.5Blew v. Hornerunlicensed contractoruninsured contractorpresumption of employmentrooferspecialty contractorClass C-39 licenseaggregate contract priceautomatic suspension of license
References
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
Case No. ADJ7300567
Regular
Oct 11, 2013

Rosa Perez vs. Melton Franchise Systems, Inc., Coverall Mountain & Pacific, Liberty Mutual Insurance Company

In this case, the Workers' Compensation Appeals Board reversed a lower judge's decision, finding that Rosa Perez was an employee of Melton Franchise Systems, Inc. (Coverall) when she sustained an injury on October 22, 2008. The Board determined that despite a "Janitorial Franchise Agreement" designating her as an independent contractor, Coverall exercised pervasive control over her work. Factors such as required use of Coverall's supplies, dictated cleaning procedures, and the integral nature of her janitorial work to Coverall's business demonstrated an employer-employee relationship. The Board concluded that Coverall failed to rebut the presumption of employee status.

Workers Compensation Appeals BoardRosa PerezMelton Franchise SystemsCoverall Mountain & PacificLiberty Mutual Insurance CompanyADJ7300567Opinion and Decision After ReconsiderationJanitorial Franchise Agreementindependent contractoremployee status
References
Case No. ADJ4359205
Regular
Aug 07, 2013

HECTOR GONZALEZ vs. DIMAS ERNESTO RAMOS, BZZZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, PACIFIC SPECIALTY INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration in a workers' compensation matter where the applicant, Hector Gonzalez, claimed injury while working on a construction project. The defendant, Dimas Ernesto Ramos, contested that he was the employer, arguing Gonzalez was an independent contractor or a residential employee. The Administrative Law Judge found Ramos to be the employer based on extensive contradictions in Ramos's testimony and the credible testimony of others, establishing an employer-employee relationship. The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings and giving them great weight.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.construction projectbuilder-ownerlicensed general contractorBZZZ ConstructionState Compensation Insurance Fund
References
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