Failure to List Applicant as Employee and to Report Payroll Did Not Defeat Insurance Coverage: Cal. Comp. Cases June Advanced Postings (6/3/2015)

Here’s the second batch of advanced postings for the June 2015 issue of Cal. Comp. Cases.

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

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Florists Mutual Insurance Company, Petitioner v. Workers' Compensation Appeals Board, Valley Flowers, Inc., Suzanne Barron Bigsby, Respondents, lexis.com, Lexis Advance

Insurance Coverage—Covered Employees—Termination of Policy—WCAB affirmed Arbitrator’s finding that defendant insurer had valid insurance policy in effect covering employer during period of applicant’s alleged cumulative trauma, and that applicant’s injury was covered by policy, when WCAB found that employer’s failure to list applicant as employee and failure to report payroll did not defeat insurance coverage because there was no showing that…

Felipe Garcia (Dec'd), Guillermina Garcia (Widow), Petitioners v. Workers' Compensation Appeals Board, Salvador Gaytan, dba G&P AG Management Contractors, Inc., Star Insurance Company, adjusted by Meadowbrook Insurance Group, Respondents, lexis.com, Lexis Advance

Employment Relationships—Employees vs. Independent Contractors—Farm Workers—WCAB denied applicant’s petition for reconsideration challenging WCAB’s prior decision [see Garcia v. Gaytan, 2014 Cal. Wrk. Comp. P.D. LEXIS 568 (Appeals Board noteworthy panel decision)], in which WCAB found that decedent farm worker was independent contractor rather than employee at time of his alleged industrial injury and death, that, contrary to applicant’s assertion, Labor Code § 2750.5 did not apply to decedent because there was no evidence that…

Dr. Pepper Snapple Group/7UP Bottling Company, Insurance Company of the State of Pennsylvania, adjusted by Sedgwick, Petitioner v. Workers' Compensation Appeals Board, Art Gonzales, Respondents, lexis.com, Lexis Advance

Removal to WCAB—Setting Case for Trial—WCAB denied defendants’ petition to remove case to WCAB, finding that defendants did not show substantial prejudice or irreparable harm if removal was not granted and also did not show that reconsideration would not be adequate remedy if ultimate decision was adverse to defendants, when…

City of Los Angeles, PSI, Petitioner v. Workers' Compensation Appeals Board, Tarriel Hopper, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Final Orders—Court of Appeal dismissed petition for writ of review of WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901, when, in WCAB decision, WCAB held that…

Granite State Insurance Company (administered by AIG Property Casualty), insurer for Performance Automotive Wholesale, Petitioner v. Workers' Compensation Appeals Board, Performance Automotive Wholesale, California Insurance Guarantee Association, administered by Sedgwick Claims Management Services, on behalf of Fremont Indemnity Insurance Company, in liquidation, Richard Beckstead, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant sales manager sustained injury AOE/COE on 10/20/95 when employer was insured by Fremont Insurance Co. (in liquidation and represented by California Insurance Guarantee Association) and cumulative trauma injury AOE/COE from 10/20/95 to 10/13/97 when…

Permanent Disability Awards—Administration of Awards—WCAB awarded single award of 100 percent permanent disability and future medical treatment for both of applicant’s injuries (specific and cumulative), based on opinions from…

Illinois Midwest Insurance Agency, LLC, on behalf of Virginia Surety Company, Inc., Insurer for Peach and Joy Care Center), Petitioner v. Workers' Compensation Appeals Board, Sarita Jane Bissett Garcia, Respondents, lexis.com, Lexis Advance

WCAB Awards—Permanent Disability—Medical Treatment—WCAB made awards for applicant office administrator’s 12/22/2006 industrial injury to her left shoulder, which later caused complex regional pain syndrome/very severe reflex sympathetic dystrophy to four extremities, of 100 percent permanent disability, based on opinions from…

Lamps Plus, Inc., Old Republic Insurance Corporation, administered by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, Arthur Stepanian, Respondents, lexis.com, Lexis Advance

Petitions for Writ of Review—Dismissal—WCAB Final Orders—Court of Appeal dismissed petition for writ of review of WCAB decision that was not final order or decision as required by Labor Code §§ 5900 and 5901, when, in WCAB decision…

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