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

Case No. ADJ13090134
Regular
Aug 14, 2025

OLIVIA RAMIREZ vs. ISIDRO A. MEJIA, ZINDER JANITORIAL CO., UNINSURED EMPLOYERS BENEFITS TRUST FUND, BOURBON PUB/PARADIES LAGARDERE, SENTRY INSURANCE

Applicant Olivia Ramirez sustained an injury to her knee and ankle on November 17, 2019, while employed by Isidro A. Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. The Uninsured Employers Benefits Trust Fund (UEBTF) successfully joined Paradies Lagardere as a co-defendant, alleging joint employer status. The Workers' Compensation Administrative Law Judge (WCJ) initially found Paradies to be a joint employer in Findings of Fact issued on May 15, 2025. Paradies sought reconsideration, disputing the joint employer finding and the injury arising out of and in the course of employment (AOE/COE). The Appeals Board reviewed the petition, the UEBTF's answer, and the WCJ's report, ultimately granting reconsideration but deferring a final decision on the merits, indicating further review of the record and applicable law is necessary. The decision also clarified that Labor Code sections 2775 and 2776, related to employee classification, do not apply retroactively to the date of injury in this case.

Joint employerUninsured employersParadies LagardereZinder JanitorialIsidro MejiaWCJPetition for ReconsiderationAOE/COELabor Code section 5909EAMS
References
Case No. ADJ7144891, ADJ8066648
Regular
Apr 17, 2013

VILMA TORRES vs. ABM INDUSTRIES, INC.; ABM JANITORIAL SERVICES, Inc.

This case involves Vilma Torres filing a workers' compensation claim against ABM Industries, Inc. and ABM Janitorial Services, Inc. The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board affirmed the January 23, 2013 decision but amended it to include injury to the applicant's low back in a related case, ADJ8066648.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOpinion and OrderGranting ReconsiderationDecision After ReconsiderationAmended DecisionFindings of FactLow Back InjuryADJ7144891
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. ADJ6875081
Regular
Oct 18, 2012

LOURDES MORENO vs. MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns Lourdes Moreno's claim for workers' compensation benefits following a back injury sustained while performing janitorial services. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding that Moreno was an independent contractor, ruling instead that she was an employee of Melton Franchise Systems, Inc. (dba Coverall). The WCAB determined that Coverall exerted pervasive control over Moreno's work, dictating numerous aspects of her business operations beyond mere quality control, which indicated an employer-employee relationship. This decision shifts the responsibility for her injury from Moreno to Coverall for workers' compensation purposes.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusFranchise AgreementRight to ControlJanitorial ServicesBorello TestSecondary IndiciaAdhesion ContractPervasive Control
References
Case No. ADJ9016407
Regular
Sep 18, 2014

MARIA VALADEZ vs. BUDGET JANITORIAL, HARTFORD INSURANCE, CANNON COCHRAN SCOTTSDALE

The defendant sought to depose the applicant's attorney, alleging crucial information regarding the applicant's alleged industrial injuries was obtainable only through this deposition. The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the WCJ's protective order. The Board found the defendant failed to demonstrate the attorney's deposition was crucial, as applicant's deposition and access to medical records already provided sufficient means to defend the claim. The defendant's petition was therefore denied.

Petition for RemovalProtective OrderDeposition of AttorneyDiscovery DisputesIrreparable HarmAttorney-Client PrivilegeCarehouse Convalescent HospitalIndustrial InjuriesMedical RecordsEmployer Witnesses
References
Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
Case No. ADJ4372027
Regular
Sep 26, 2008

OTONIEL ORTIZ vs. ABM JANITORIAL SERVICES

The WCAB granted reconsideration, rescinding the admission of certain evidence but affirming the denial of temporary disability indemnity based on other substantial evidence, including medical reports indicating the applicant's condition was permanent and stationary.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersTemporary DisabilityVocational Rehabilitation ExpertIndustrial InjurySpine InjuryExpedited HearingAdmitted into EvidenceJudicial Notice
References
Case No. ADJ11561295
Regular
May 02, 2019

JOSE LOPEZ vs. ABM JANITORIAL, ACE AMERICAN

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order for a replacement QME panel. The WCAB found the original order was issued without an adequate evidentiary record, violating procedural requirements. The case is returned to the trial level to create a proper record and address the disputed issues, including the appropriateness of the QME panel specialty, based on admitted evidence.

Petition for RemovalQualified Medical Evaluator (QME) panelorthopedic surgerychiropractic specialtyres judicatacausationlabor codeadmitted evidencesubstantial evidenceevidentiary record
References
Case No. ADJ8361822
Regular
Aug 03, 2015

LORENA CHAVEZ vs. ABM JANITORIAL SERVICES, ESIS

This case concerns ABC Interpreting, Inc.'s petition for reconsideration of a WCJ's decision awarding them $180.00 for interpreter services. ABC Interpreting sought $250.00, claiming entitlement to the pre-established market rate, plus interest and penalties for late payment. The Board denied the petition, affirming the WCJ's award because ABC Interpreting failed to provide adequate documentation of market rate, their qualifications as an interpreter, and because Labor Code section 5811 does not authorize penalties and interest. The Board found the $180.00 award consistent with the reasonable and customary rate for interpreter services in the applicable geographic area.

Petition for ReconsiderationInterpreter FeesLabor Code Section 5811Market RateSuperior Court Fee ScheduleQualified InterpreterDeposition ServicesUntimely PaymentInterest and PenaltyAmended Order
References
Case No. ADJ9393235
Regular
Jan 17, 2018

MARIA FLORES TORRES vs. AMERICAN BUILDING JANITORIAL, INC.

The Workers' Compensation Appeals Board rescinded a prior decision finding a medical lien invalid due to an issue with the declarant's competency. The Board found that the initial declaration under penalty of perjury, while conforming to statutory language, was deemed invalid by the trial judge solely because the declarant was not an employee of the lien claimant. However, the Board determined the record lacked sufficient evidence to establish the declarant's incompetence and that the defendant did not adequately demonstrate their efforts to present this witness at trial. Therefore, the case is remanded for further proceedings to address the admissibility of an amended declaration and to properly litigate the declarant's competency and its impact on the lien's validity.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONLIEN CLAIMANTLABOR CODE SECTION 4903.8DECLARATION UNDER PENALTY OF PERJURYSTATUTE OF LIMITATIONSADMINISTRATIVE LAW JUDGECOMPROMISE AND RELEASECOMPLIANCECOMPETENT TO TESTIFY
References
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