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Case Law Database

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

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 The Board rescinded the prior award, finding that Kiewit was a contracting party who engaged Beeline as an independent contractor.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. VNO 504551
Regular
Mar 12, 2008

Armando Gutierrez vs. Anthony Bechtol dba Custom, Etc., illegally uninsured

The Workers' Compensation Appeals Board rescinded an Order Approving Compromise and Release because the defendant, an illegally uninsured employer, claimed he was not properly served and thus denied participation in the proceedings. Applicant's attorney failed to provide proof of service as ordered by the Board, leading to the conclusion that the defendant's petition for reconsideration was timely. The case is now returned to the trial level for further proceedings on the defendant's objections, including whether the applicant was an employee or independent contractor.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseUninsured Employers Benefits Trust FundProof of ServiceIndependent ContractorNotice of IntentionPetition for ReconsiderationTimelinessRescinded Order
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. ADJ2183699 (VNO 0558048)
Regular
Oct 23, 2019

ALICIA RAMOS vs. DAVID HAKIM, The Handal Family Trust

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior determination that David Hakim was an illegally uninsured employer. Hakim appealed, arguing the applicant was an independent contractor, not an employee, thus he was not required to carry workers' compensation insurance. The Board found that Hakim's contention regarding the employment status sufficiently rebutted the prima facie case required for an illegally uninsured employer finding. The case is returned to the trial level for further proceedings to determine employment status and other related issues.

Workers' Compensation Appeals BoardPrima Facie DeterminationIllegally Uninsured EmployerPetition for ReconsiderationIndependent ContractorLabor Code Section 3715Uninsured Employers Benefit Trust FundArising Out Of and Occurring In The Course Of EmploymentAOE/COEDirector of Industrial Relations
References
Case No. ADJ6780051
Regular
Sep 03, 2010

WILLIAN DUARTE, Deceased, JANET ARCE, as Guardian Ad Litem for GISSELLE J. DUARTE, BYRON E. DUARTE and NAOMI E. DUARTE, Minor Dependents vs. ADLR TRANSPORTATION, INC., Illegally Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board granted reconsideration and rescinded the original award due to lack of proper joinder and due process for Fatima Hernandez. The Board found that Hernandez, though appearing for the employer ADLR Transportation, Inc. and stipulated to the Board's jurisdiction, was never formally joined as a defendant. Awarding benefits against her individually or as a shareholder without proper notice would violate her due process rights. The matter was returned to the trial level for further proceedings to ensure all defendants are properly joined. The attorney's fee was not increased due to a lack of notice to clients regarding adverse interests.

Workers Compensation Appeals BoardIllegally UninsuredUninsured Employers Benefit Trust FundDeath BenefitsGuardian Ad LitemPetition for ReconsiderationFindings and AwardAttorney's FeeTruck DriverOwner and Sole Shareholder
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. 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. SJO 231212 SJO 231977
Regular
Aug 13, 2008

EVA DIAZ vs. HUNG QUOC NGUYEN dba SAFETRANS TRANSPORTATION aka SAFETRANS

The Workers' Compensation Appeals Board denied reconsideration, affirming that the applicant's claim is not barred as a post-termination claim. Despite the defendant's argument that the applicant claimed not to be injured, the Board found sufficient evidence that the defendant had notice of the applicant's injury prior to her termination. The defendant's illegal status as an uninsured and unlicensed operator, coupled with his actions after the accident, made his claims regarding lack of injury and notice incredible.

Industrial injuryPost-termination claimLabor Code section 3600(a)(10)Notice of injuryAggrieved partyWorkers' Compensation Appeals BoardWCJReconsideration deniedIllegally uninsuredMotor vehicle accident
References
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