Workers' Compensation

Presumption of Employment Applied to Hairdresser: Cal. Comp. Cases May Advanced Postings (4/22/2015)

Here’s the first batch of advanced postings for the May 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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Chelo's Hair Fashion, Petitioner v. Workers' Compensation Appeals Board, Teresa Martinez, Respondents, lexis.com, Lexis Advance

Employment Relationships—Employees vs. Independent Contractors—Hairdressers—WCAB affirmed WCJ’s finding that applicant hairdresser was employee of defendant, rather than independent contractor, at time of her alleged injuries, when WCAB found that applicant’s testimony that she worked at defendant's salon as hairdresser and collected payment from customers sufficient to establish prima facie case that she provided services to defendant and was entitled to Labor Code § 3357 presumption of employment, that defendant, although bearing burden, did not present any…

Meadowbrook/Star Insurance, insurer for Apache Auto, Inc., Petitioner v. Workers' Compensation Appeals Board, Apache Auto, Inc., Zenith Insurance Company, Ramon Prieto (Dec'd), Aida Rodriguez, et al., (Dependents), Respondents, lexis.com, Lexis Advance

Cumulative Trauma Injury AOE/COE—Multiple Insurers—WCAB held that applicant auto wrecker salesperson sustained cumulative trauma injury AOE/COE in period from 11/2008 through 12/26/2008, period when petitioner Star/Meadowbrook insured employer, to his heart/cardiovascular and neurological system, causing atrial fibrillation 12/26/2008 and death on 7/28/2013, based on…

Richard Avila, Petitioner v. Workers' Compensation Appeals Board, Payless Cashways, Continental Insurance Company, administered by CNA Claims Plus, Respondents, lexis.com, Lexis Advance

Petitions for Writ for Review—Time to File—Court of Appeal denied without prejudice petition for writ of review that was premature, since…