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Payroll Company Liable for Temp Worker’s Injuries: Cal. Comp. Cases July Advanced Postings (7/10/2014)

July 10, 2014 (2 min read)

Here’s the third batch of advanced postings for July 2014 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Monarch Consulting, Inc., dba PES Payroll, Petitioner v. Workers' Compensation Appeals Board, American Home Assurance, Foamex, administered by Gallagher Bassett, Marciel Martinez (aka Marcial Martinez), Respondents,, Lexis Advance

Insurance Coverage—Payroll Companies—Employee Leasing—WCAB affirmed Arbitrator’s finding that Monarch Consulting dba PES Payroll, through its insurance carrier American Home Insurance, provided workers’ compensation coverage for temporary employment agencies HR Business Staffing and Air Ground Manpower, two corporations with same owner, and had liability for injuries incurred by applicant after applicant was leased by general employer HR Business to special employer Foamex, when WCAB found that…

Cleveland Browns, PSI, Petitioner v. Workers' Compensation Appeals Board, Carolina Panthers, California Insurance Guarantee Association, on behalf of Legion Insurance, in liquidation, Tarek Saleh, Respondents,, Lexis Advance

WCAB Jurisdiction—Professional Athletes—WCAB rescinded WCJ’s finding that applicant suffered cumulative industrial injury to various body parts while playing professional football from 5/15/97 through 1/6/2002 and remanded matter for further proceedings on issue of California jurisdiction over Cleveland Browns, when WCJ attempted to exercise jurisdiction pursuant to Labor Code § 3600.5(a), which gives WCAB jurisdiction over injuries sustained outside state when employee was “regularly employed” within state, and did not reach question of jurisdiction based on injury in California, and WCAB, without making final determinations on unresolved issues, held that…

California Department of Corrections and Rehabilitation, State Compensation Insurance Fund (adjusting agent), Petitioner v. Workers' Compensation Appeals Board, Jami Mallin, Respondents,, Lexis Advance

WCAB Decisions—Decisions Corrected by WCAB—Moot Appeals—Court of Appeal dismissed as moot petition for writ of review of Appeals Board 3/18/2014 decision (see Mallin v. Dept. of Correction, 2014 Cal. Wrk. Comp. P.D. LEXIS 126 (Appeals Board noteworthy panel decision)), when Appeals Board…

Zoltan Csaki, Petitioner v. Workers' Compensation Appeals Board, Catalyst Industries, Inc., dba Beaudry RV, California Insurance Guarantee Association, administered by Sedgwick, on behalf of Fremont Insurance Company, in liquidation, Respondents,, Lexis Advance

Injury AOE/COE—Compensable Consequence Injury—WCAB held that applicant salesperson did not sustain injury to his neck/cervical spine as compensable consequence of 7/15/2000 industrial injury to his shoulders, knees, low back, and psyche, when WCAB found that…



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