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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
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. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
References
Case No. GOL 100978
Regular
Feb 14, 2008

JANETTE HOPE vs. TRI-COUNTIES REGIONAL CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the judge's finding, concluding applicant was an employee of Tri-Counties Regional Center, not an independent contractor. The Board found the Center exercised sufficient control over the applicant's work, providing office space, supplies, and scheduling, which outweighed the contractual designation. The case is remanded for further proceedings to determine the applicant's entitlement to benefits.

Independent contractor vs. employeeIndustrial injuryMulti-system immunological problemsControl of workRight to controlSecondary factors of employmentDistinct occupationTools and suppliesMethod of paymentContractual designation
References
Case No. SAC 0300070
Regular
Aug 28, 2007

HAROLD RANDALL vs. REMEDY INTELLIGENT STAFFING, C.I.G.A., INTERCARE INSURANCE SERVICES, RELIANCE NATIONAL INSURANCE, MCKESSON CORPORATION, OLD REPUBLIC INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the Administrative Law Judge erred in finding the applicant was not a special employee of McKesson Corporation. The Board found that McKesson exercised sufficient control and supervision over the applicant, who was provided by a temporary staffing agency, to establish a special employment relationship. The case is returned to the trial level for further proceedings and decision on all outstanding issues.

Special employmentDual employmentTemporary employment agencyControl and directionBorrowing employerGeneral employerIndustrial injuryPermanent disabilityQualified medical evaluatorReconsideration
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ6520136
Regular
Jan 24, 2011

GARY HECK vs. L.A. DEPOSITIONS dba FIRST LEGAL COURIER, TOWER SELECT INSURANCE COMPANY, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that found the applicant was an independent contractor. The WCAB found the applicant was, in fact, an employee, reversing the administrative law judge's determination. Factors including the defendant's control over the applicant's work, the integral nature of the applicant's tasks to the defendant's business, and the applicant's lack of a true independent business weighed heavily in this decision. The WCAB emphasized that labels and self-serving documents do not override the reality of the employment relationship.

Workers Compensation Appeals BoardReconsiderationEmployee vs. Independent ContractorBorello factorsControl testLabor Code Section 3351Labor Code Section 3353Labor Code Section 3357Independent Contractor ProfileEagle 1 Delivery
References
Case No. ADJ9763181
Regular
Oct 08, 2018

JUAN GONZALEZ (Deceased), MARIA RIVAS GONZALEZ (Widow), DIOSELINA GONZALEZ, et al. (Dependents) vs. SOUTH GREEN TRANSPORTATION, MARKEL INSURANCE SERVICES

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding the deceased was an employee of South Green Transportation. The defendant argued the decedent was actually employed by his daughter and that finding South Green Transportation as sole employer could lead to public policy violations. The WCAB denied reconsideration, adopting the WCJ's report that found no evidence the daughter was an employer. The Board affirmed that an employee can have multiple employers, and South Green Transportation was liable as the entity directing the decedent's work.

Dual EmploymentSpecial EmployerGeneral EmployerIndustrial InjuryEmployee StatusLabor Code Section 3300Labor Code Section 3351Labor Code Section 3357Joint and Several LiabilityPetition for Reconsideration
References
Case No. ADJ11101523
Regular
Aug 13, 2018

SUBHPREET GILL vs. JARNAIL SINGH, KING STAR EXPRESS, INC.

The Workers' Compensation Appeals Board granted defendant King Star Express's petition for removal, rescinding a prior order that denied the joinder of Total Quality Logistics LLC and Wish Farms LLC. The Board determined that if these entities are indeed joint employers, they are necessary parties for a full adjudication of the case. The matter was returned to the trial level for the Workers' Compensation Judge to address the joinder of these parties. This decision hinges on the degree of control Total Quality Logistics and Wish Farms exercised over the applicant's work, which is crucial for establishing an employment relationship.

Petition for RemovalJoinder of PartiesJoint EmployersIndependent ContractorSpecial EmployerGeneral EmployerDirection and ControlWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code Section 5307.5
References
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