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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10884629
Regular
Jan 03, 2020

Glen Dudley vs. State of California, Department of Corrections and Rehabilitation Inmate Claims, State Compensation Insurance Fund

This case concerns applicant Glen Dudley's claim for workers' compensation benefits while incarcerated and performing kitchen duties. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Dudley was an "employee" under Labor Code section 3351(e) during his volunteer work in the prison kitchen. Despite the work being unpaid and applicant initially volunteering, the WCAB found the work met the definition of "assigned work" under former Rule 10021, considering the structured hours and supervised duties. Consequently, the WCAB amended the prior finding to establish Dudley as an employee for the period in question.

Workers' Compensation Appeals BoardGlen DudleyDepartment of Corrections and RehabilitationInmate ClaimsState Compensation Insurance FundLabor Code section 3351(e)incarcerated personsassigned workvolunteer workemployee status
References
Case No. ADJ3347998 (LAO 0774299)
Regular
Jun 07, 2010

JOSEPH JONES vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration, rescinding the WCJ's finding of employment for applicant Joseph Jones. Defendant County of Los Angeles argued applicant was not a volunteer, thus not an employee. The Board found applicant's testimony indicated he felt compelled to work as a trustee due to threat of transfer, not voluntary agreement, negating an employment relationship under Labor Code section 3351. Furthermore, applicant did not qualify under Penal Code section 4017 as he was awaiting trial and not engaged in fire suppression activities.

Workers' Compensation Appeals BoardJoseph JonesCounty of Los AngelesSheriff's DepartmentTristarFindings of FactWorkers' Compensation Judge (WCJ)Employment RelationshipVolunteerInmate
References
Case No. ADJ9175182
Regular
Nov 20, 2015

MILIS BADAL vs. PAPIOLA AGHASSI, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Milis Badal's petition for reconsideration, upholding the administrative law judge's finding that Badal was a volunteer, not an employee, when injured. The majority panel deferred to the judge's credibility determination of defense witnesses over Badal's testimony. However, one commissioner dissented, arguing the presumption of employment under Labor Code section 3357 was not rebutted, given Badal's prior paid work and the nature of the task. The dissent contended that the defense failed to prove Badal was not an employee or that an implied contract for hire was absent.

Workers' Compensation Appeals BoardApplicantVolunteerEmployment StatusIndustrial InjuryReconsiderationFindings of FactOrderCredibility DeterminationWitness Testimony
References
Case No. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
References
Case No. ADJ9178345
Regular
Aug 14, 2015

LISA BROWN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION/CALIFORNIA INSTITUTE FOR WOMEN

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the applicant was an employee, not a volunteer, entitled to workers' compensation benefits. The applicant's claim was not time-barred because the defendant failed to notify her of her right to file a claim. The Board also cautioned the defendant's attorneys for citing an overruled case.

Workers' Compensation Appeals BoardDepartment of Corrections and RehabilitationCalifornia Institute for WomenCalifornia Institute for MenForestry and Fire Unitincarcerated applicantvolunteer exclusionLabor Code 3352(i)Labor Code 3365statute of limitations
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ3762715 (BAK 0154426) ADJ616116 (BAK 0154350)
Regular
Mar 06, 2013

ERIC PETERSEN (Deceased) vs. COUNTY OF KERN

This case involves claims for workers' compensation benefits by Eric Petersen, a deceased volunteer firefighter, for injuries sustained in 2007 and 2008. The County of Kern was found to be the applicant's employer and failed to secure workers' compensation coverage, leading to the joinder of the Uninsured Employers Benefit Trust Fund. The Court of Appeal affirmed the denial of reconsideration by the Workers' Compensation Appeals Board and remanded the case. The Board now returns the matter to the trial level to address outstanding issues, including recently filed applications for death benefits by the applicant's significant other.

RemittiturVolunteer firefighterIndustrial injuriesCounty of KernSelf-insured programUninsured Employers Benefit Trust FundJoinderPetition for Writ of ReviewDeath BenefitsSignificant other
References
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
Case No. ADJ10983565
Regular
Aug 18, 2025

DERRYL THOMPSON vs. VICTORY OUTREACH CHINO, CHURCH MUTUAL INSURANCE CO., MISSION ACTS MINISTRIES, MECUM ACUTIONS, INC., ZURICH AMERICAN INS. CO.

Applicant Derryl Thompson claimed injury while working for alleged employers Victory Outreach Chino (general employer), Mission Acts Ministries (employer and personnel staffing agency), and Mecum Auctions, Inc. (special employer). Defendants Zurich American Insurance Company and Church Mutual Insurance Company sought reconsideration of the Findings and Order that established this dual employment relationship. The Appeals Board denied both petitions for reconsideration, affirming the WCJ's finding that the applicant was an employee and not a volunteer, and that Victory was a general employer while Mecum was a special employer, rejecting the defendants' arguments for exclusion under Labor Code sections 3352(a)(2) and (a)(9).

General employerSpecial employerVolunteer exclusionLabor Code 3352(a)(2)Labor Code 3352(a)(9)Aid or sustenanceRemunerationDual employmentStaffing agencyNon-profit status
References
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