Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)

Split Panel Finds Independent Contractor Status for Auto Body Repairer: Cal. Comp. Cases October Advanced Postings (9/26/2012)

Here’s the first batch of advanced postings for the October 2012 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the case to read the complete headnote and summary.

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Edmond Ziraki, Petitioner v. Workers' Compensation Appeals Board, Starline Motors, Inc., Raymond Gharibi, Respondents, 2012 Cal. Wrk. Comp. LEXIS 118

Employment Relationships—Employee/Independent Contractor Status—WCAB, in split panel decision, affirmed WCJ’s finding that applicant/auto body repairer was independent contractor, not employee of defendant, at time of injuries to his back, neck, left lower extremity, head, chest, and in form of sleep disorder, and at time of cumulative trauma injury to his respiratory system, pursuant to factors in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, when…

Staffmark Investment, LLC, PSI, adjusted by Chartis Claims, Inc., Petitioner v. Workers' Compensation Appeals Board, Ronald Grusd, M.D., Epifania Mendoza, Respondents, 2012 Cal. Wrk. Comp. LEXIS 117

Injury AOE/COE—After lien trial, WCAB held that applicant trash collector sustained injury AOE/COE to his neck and back from 10/22/2007 automobile accident, based on…

Dimitry Kovalenko, Petitioner v. Workers' Compensation Appeals Board, Major League Soccer, dba Los Angeles Galaxy, Great Divide Insurance, Respondents, 2012 Cal. Wrk. Comp. LEXIS 116

Close of Discovery—WCAB, rescinding WCJ's order, held that defendant did not delay discovery process and that WCJ should have left discovery open after mandatory settlement conference for panel qualified medical evaluator exam, and WCAB returned matter to WCJ to permit parties to obtain panel qualified medical evaluator, related to applicant professional athlete’s claim of cumulative trauma injury AOE/COE in period ending 12/3/2010, when WCAB found that…

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Comments

Anonymous
Anonymous
  • 10-04-2012

This is really educational and very informative in this subject. Construction Contractor