WCPanelIQ
PanelGranted in Part

Ali, Anwer

ANWER ALI, Applicant vs. COMMAND INTERNATIONAL SECURITY SERVICES; NORGUARD INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY GUARD INSURANCE; PRESTIGE INTERNATIONAL SECURITY, INC.; NORTH RIVER INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants

ADJ number
ADJ16473370
Decision date
Jan 20, 2025
District office
Van Nuys
WCJ
Dean Stringfellow
Claim administrator
Berkshire Hathaway Guard Insurance Companies
Commissioners
—

Injury / body parts: back, right foot

LC §5909LC §5900LC §3351LC §3357LC §3353LC §2750.5LC §5806LC §5807CCR §10600CCR §10390CCR §10400CCR §10402CCR §10205.5

Summary

Applicant Anwer Ali, a 66-year-old security guard, sustained injury to his back and right foot on February 11, 2022, while working at a construction site. The sole disputed issue was which of two related security companies—Command International Security (insured by NorGuard/Berkshire Hathaway) or Prestige International Security (insured by North River/Crum & Forster)—was his employer on the date of injury. The WCJ found Command was the employer based on documented paychecks, 1099 forms, applicant's testimony, and the fact that supervisor Mr. Aktar (who paid and controlled applicant) remained a Command employee through May 2023. NorGuard sought reconsideration arguing no proof of payment after January 28, 2022 showed applicant was no longer Command's employee and that Prestige had the worksite contract. The Board granted reconsideration only to amend Finding No. 2 to correctly identify NorGuard as the carrier, but otherwise affirmed the WCJ's determination that Command was the employer.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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