WCPanelIQ
PanelGranted

Alvarez, Adan

ADAN ALVAREZ, Applicant vs. VICTOR MANUEL MARTINEZ, individually and dba BOB WILLIAMS MOVING; JUSTINE MARIE MARTINEZ, individually and dba TRI STAR MOVING, Defendants

ADJ number
ADJ10037291
Decision date
Jan 2, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: head, bilateral arms, bilateral upper extremities, bilateral lower extremities, ribs, right leg, right elbow, right hand, right hip

LC §3716LC §3715LC §3717LC §5909LC §5900CCR §10600

Summary

Applicant Adan Alvarez, allegedly injured while working as a mover for uninsured employers Victor and Justine Martinez, sought reconsideration of a WCJ's Findings and Order that dismissed his claim with prejudice and enjoined him from obtaining an enforceable award against the employers personally or against UEBTF. The WCJ relied on Ortiz v. WCAB (1992) 4 Cal.App.4th 392, holding applicant's failure to file a proof of claim in the employers' bankruptcy proceedings barred his claim. The Appeals Board distinguished Ortiz because applicant here had no workers' compensation award before the bankruptcy discharge, unlike the employee in Ortiz. Relying on Slali v. Ruiz (2002) 282 B.R. 225, the Board concluded that failure to file a proof of claim when no award yet exists is not fatal, and that applicant must first obtain an award before liability arises. The Board granted reconsideration, rescinded the October 8, 2024 Findings and Order, and returned the matter to the trial level for further proceedings.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.