12 Oct 2016

Laborer in Work Release Program Was Employee of County: Cal. Comp. Cases Advanced Postings October 2016

Here’s the latest batch of advanced postings for the October 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

County of Riverside, PSI, Petitioner v. Workers' Compensation Appeals Board, Guadalupe Sanchez, Respondents, lexis.com, Lexis Advance

Employment Relationships—County Work Release Programs—WCAB affirmed WCJ’s finding that applicant, who suffered injuries to his neck, low back, upper and lower extremities, and head on 2/1/2014 while working as laborer for CalTrans as part of County of Riverside work release program after pleading guilty to gun possession, was employee of County pursuant to presumption of employment in Labor Code § 3357 and analysis in Arriaga v. County of Alameda (1995) 9 Cal. 4th 1055, 40 Cal. Rptr. 2d 116, 892 P.2d 150, 60 Cal. Comp. Cases 316, and that Penal Code § 4017 and County of Riverside Ordinance No. 766 did not apply to preclude finding of employment, when WCAB found…

CEVA Freight, LLC, insured by ACE American Insurance Company, administered by Gallagher Bassett Services, Inc., Petitioner v. Workers' Compensation Appeals Board, Pascual Jimenez, Respondents, lexis.com, Lexis Advance

Employment Relationships—Employee Status—WCAB held that applicant truck driver was employee of defendant on 6/25/2016, not employee of defendant’s contractor, Armando Amador, based on Labor Code §§ 3353, 3357, and 5705(a) and factors set out in S. G. Borello & Sons, Inc. v. Dept. of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, including control factor, when WCAB found…

City of Torrance, PSI, Petitioner v. Workers' Compensation Appeals Board, Zachary Bazilius, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant city police officer sustained injury AOE/COE on 7/12/2010 to his back, neck, circulatory system, heart, gastrointestinal system, sleep disorder, urological system, and teeth, based on entire medical record, including reports from panel qualified medical evaluators in internal medicine and orthopedics.

Credit—Overpayments—Labor Code § 4850 Benefits and Temporary Disability—WCAB denied defendant’s request for credit for overpayments of Labor Code § 4850 and temporary total disability benefits paid to applicant, when WCAB found that panel qualified medical evaluator in orthopedics gave opinion that…

Maria Jose Chevez, Petitioner v. Workers' Compensation Appeals Board, SAP America, Inc., National Union Fire Insurance Company of Pittsburgh, Pennsylvania, administered by AIG Property Casualty, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Time to File—Court of Appeal dismissed applicant’s petition for writ of review not filed within time requirements of Labor Code § 5950, when applicant was appealing WCAB decision…