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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ7500681
Regular
Jul 05, 2012

MICHAEL TEXEIRA vs. BIG O TIRES, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant claimed injury AOE/COE from an incident at work but had no recollection and relied solely on hearsay from third parties and an unverified email from his employer. The Administrative Law Judge found this evidence insufficient to establish causation. The Board adopted the judge's report, concluding the applicant failed to meet his burden of proof for injury arising out of and in the course of employment.

AOE/COEPetition for Reconsiderationunverified petitionhearsay evidenceapplicant's burden of proofprobative valuemechanism of injurycondoned horseplayemployer emailinsufficient evidence
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. ADJ1840831 (STK 0210372)
Regular
Feb 03, 2011

DEBORAH JONES vs. MAX MART, INC./SEAN LOLOEE aka SHAHRIAR LOLOEE, ADEL MORADI, THE DIRECTOR OF INDUSTRIAL RELATIONS as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a worker injured in 2007 while employed by Max Mart, Inc., which was operating without workers' compensation insurance. The administrative law judge found the employer and its substantial shareholder, Sean Loloee, liable for the injury. Loloee later sought reconsideration, arguing the decision was unjust due to his lack of counsel and inability to pay, and that the lack of insurance was unintentional. However, the Workers' Compensation Appeals Board dismissed his petition as untimely, as it was filed over a year after the award. Additionally, the Board noted the petition was also "skeletal" for failing to provide specific legal and factual grounds.

WORKERS' COMPENSATION APPEALS BOARDMAX MART INC.SEAN LOLOEESHAHRIAR LOLOEEADEL MORADIUNINSURED EMPLOYERS BENEFIT TRUST FUNDPETITION FOR RECONSIDERATIONFINDINGS OF FACT AWARD AND ORDERADMINISTRATIVE LAW JUDGEINDUSTRIAL INJURY
References
Case No. ADJ10589934
Regular
Jun 15, 2018

JOSE MARTINEZ vs. TFR MANAGEMENT GROUP, INC.

This case involves a worker's compensation claim where the applicant, Jose Martinez, alleged an industrial injury. The defendant, TFR Management Group, Inc., sought reconsideration of a finding that Martinez was an employee, not an independent contractor, and that the defendant was uninsured. The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that the defendant failed to meet its burden of proving Martinez was an independent contractor, citing the lack of an independently established business, Martinez's hourly pay, and the defendant's control over the work details.

WCABPetition for Reconsiderationpresumption of employmentuninsuredindependent contractorBorelloS. G. Borello & SonsInc.Labor Code Section 5705(a)ABC test
References
Case No. ADJ8430282 ADJ8430286
Regular
Jun 20, 2014

GUADALUPE VALENZUELA vs. ALTRUIST HOMECARE SERVICES, ACE AMERICAN INSURANCE, ESIS

This case concerns a caregiver, Guadalupe Valenzuela, who sustained industrial injuries while working for Altruist Homecare Services. Altruist sought to have Valenzuela classified as an independent contractor, arguing that Civil Code section 1812.5095 applied and exempted them from employer liability. However, the Workers' Compensation Appeals Board denied Altruist's petition, upholding the finding that Valenzuela was an employee. The Board found Altruist failed to meet all the statutory requirements for independent contractor status under the Civil Code and that Valenzuela's circumstances indicated an employer-employee relationship under the *Borello* factors. Specifically, Valenzuela's inability to freely renegotiate pay and her belief that Altruist could terminate her employment were critical to the decision.

Workers' Compensation Appeals BoardApplicantDefendantFindings of Fact and AwardIndustrial InjuryLow BackLeft LegHome Care ServicesRight ElbowRight Arm
References
Case No. ADJ8871378
Regular
May 04, 2015

JAIME NAVARRO vs. EXPRESS TRANSPORTATION SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Jaime Navarro's petition for reconsideration, upholding the finding that he was an independent contractor, not an employee, of Express Transportation Systems when injured. Navarro argued the judge misapplied the multi-factor test for employment status from *Borello*. The Board adopted the judge's report, emphasizing their power to resolve conflicts and make credibility determinations. One commissioner dissented, arguing the employer failed to meet its burden of proof to establish independent contractor status, citing a lack of contractual evidence and significant employer control.

WCABExpress Transportation SystemsState Compensation Insurance FundJaime NavarroIndependent ContractorEmployee StatusBorello factorsRight to ControlAffirmative DefenseLabor Code section 3357
References
Case No. ADJ1160066 (MON 0261712)
Regular
Apr 29, 2014

ROBERT VILARINO vs. CHROMATICS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For FREMONT INSURANCE COMPANY, In Liquidation, Administered by SEDGWICK CMS

This case concerns a worker who sustained a permanent total disability after receiving a voluntary flu vaccination at his employer's premises. The employer sought a credit for the worker's third-party settlement against its workers' compensation liability. The Appeals Board rescinded a prior finding of employer negligence, concluding that the employer was not liable for the independent contractor's actions in administering the vaccine. The Board found no evidence of employer negligence and granted the full third-party settlement amount as a credit to the employer.

Transverse myelitisInfluenza vaccineThird party creditEmployer negligenceNon-delegable dutyIndependent contractorMedical malpracticeStandard of careVicarious liabilityReconsideration
References
Case No. ADJ3580938 (LBO 0389610) ADJ2553702 (LBO 0376341)
Regular
Feb 16, 2016

JOSE YANEZ, vs. SPECTER OFF ROAD, INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY; FARMERS INSURANCE COMPANY

The WCAB granted reconsideration of a decision that limited a hospital's lien claim reimbursement and intended to sanction the hospital for bad faith. This rescission and remand for further proceedings occurred because the trial record was incomplete and failed to comply with WCAB Rule 10566 and *Hamilton*. Specifically, minutes of hearing lacked required information, and it was unclear if the hospital agreed to independent bill review. The WCJ must now address the hospital's arguments regarding bill review and the admissibility of the independent reviewer's report.

WCABPetition for ReconsiderationLien ClaimantMonrovia Memorial HospitalAdministrative Law JudgeJoint Findings of FactNotice of Intention to Impose SanctionsIndependent Bill ReviewerGriff StelznerWCAB Rule 10566
References
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