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PanelQMELienAffirmed

Hamlett, Johnny

JOHNNY HAMLETT, Applicant vs. DAVID WALDSCHMIDT dba WOLF PERFORMANCE GOLF CARTS, illegally uninsured; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ7721850
Decision date: Date unavailable
District office: San Bernardino
WCJ: —
Claim administrator: Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners: JOSEPH .V CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left arm, left hand, left wrist, left elbow, left shoulder, right hand, face, head, skin

LC §4554LC §5502LC §5502(e)(3)CCR §10205.5

Summary

Johnny Hamlett sustained injury on October 21, 2010 while employed by David Waldschmidt dba Wolf Performance Golf Carts, an illegally uninsured employer. After a three-day trial, the WCJ found an employer-employee relationship and ultimately awarded TTD, 76% permanent disability with a life pension, a 10% penalty under Labor Code section 4554, and future medical care. Waldschmidt sought reconsideration, first arguing his former attorney failed to enter his complete address into the Official Address Record (OAR), then later arguing the court clerk erroneously failed to amend his address based on the unit number appearing in the dismissal of attorney. The Board affirmed its prior decision, holding the new clerk-error argument was waived for not being raised at the first opportunity and was substantively meritless because the dismissal did not advise of a change of address, and Waldschmidt had a duty to maintain his correct address.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.