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

Case No. ADJ387954 (OXN 0145858) ADJ2973719 (OXN 0145147)
Regular
Oct 27, 2017

FRANCISCO PRIETO vs. O.C. CONTRACTING, INC., AMERICAN INTERNATIONAL GROUP, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns a Petition for Reimbursement filed by Granite State Insurance Company against the Uninsured Employers Benefits Trust Fund (UEBTF). Granite State mistakenly paid workers' compensation benefits to an employee injured while working for an uninsured employer. The Workers' Compensation Appeals Board (WCAB) rescinded a prior order granting reimbursement, holding that UEBTF is not statutorily liable to reimburse insurance carriers for erroneous payments. The WCAB emphasized that UEBTF's purpose is to provide benefits to injured workers of uninsured employers, not to indemnify insurers. A dissenting opinion argued for amending the order to allow reimbursement to Granite State through applicant from funds UEBTF owes the applicant.

Uninsured Employers Benefits Trust FundGranite State Insurance CompanyPetition for ReimbursementLabor Code sections 37153716mistaken paymentillegally uninsured employerLabor Code section 4909creditdirect reimbursement
References
Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
Case No. ADJ284423
Regular
Jun 24, 2011

MANUEL CASTILLO vs. DAVID INY, UNINSURED EMPLOYERS BENEFITS TRUST FUND, LANDMARK VIEW, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed petitions for reconsideration from SCIF and the applicant after an amended award corrected errors. The applicant sustained injuries, including to his right and left lower extremities and psyche, from an uninsured employer. The Uninsured Employers Benefits Trust Fund's petition for reconsideration was denied, upholding the finding of permanent disability and temporary total disability indemnity. The Board adopted the WCJ's report, denying UEF's claims that the AME's opinions were not substantial evidence and that the rating methods were improperly applied.

Uninsured Employers Benefits Trust FundIllegally UninsuredFindings and AwardPetition for ReconsiderationAmended Findings and AwardTemporary Total Disability IndemnityPermanent DisabilityAmerican Medical Association GuidesSchedule for Rating Permanent DisabilityAdministrative Law Judge
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. ADJ123485
Regular
Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration
References
Case No. ADJ749878 (ANA 0384761)
Regular
Dec 15, 2010

ENRIQUE GUTIERREZ vs. FRANCISCO ORDONEZ, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) sought reconsideration of an award based on stipulated facts concerning an industrial injury to applicant. The Board granted reconsideration because there was no proof that the alleged uninsured employer was properly served with notice of the stipulations and the WCJ's intention to issue an award. The employer was not afforded the statutorily required time to object before the award was issued. Consequently, the Board rescinded the award and returned the case for further proceedings, emphasizing proper service and objection periods.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationStipulations With Request For AwardLabor Code section 3715(e)Notice of Intention to Approve StipulationsProof of ServiceAlleged Uninsured EmployerRescind AwardDeclaration of Readiness to ProceedMandatory Settlement Conference
References
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
Case No. ADJ723750 (LAO 0809604)
Regular
Oct 17, 2008

SHEMEL BABAKHANI vs. ELINA NAZARIAN dba JAY AUTO REPAIR; WILLFULLY UNINSURED

This case involves an applicant's appeal regarding permanent disability and a typographical error, alongside the Uninsured Employers Benefits Fund's (UEF) appeal challenging the admission of an expert's report and the disability rating. The Appeals Board granted the applicant's reconsideration to correct a clerical error in the permanent and stationary date, otherwise affirming the original decision. The UEF's petition for reconsideration was denied, with the Board adopting the WCJ's reasoning.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust Fundindustrial injuryright eye injurypsyche injuryauto mechanictemporary disability benefitspermanent disability ratingpermanent and stationary daterating expert
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. 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
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