WCPanelIQ
PanelRemanded

Velasquez, Jose

JOSE VELASQUEZ, Applicant vs. THE SALVATION ARMY; COUNTY OF SANTA BARBARA, administered by INTERCARE HOLDINGS, LLC, Defendants

ADJ number
ADJ11436476
Decision date
Aug 28, 2024
District office
Santa Barbara
WCJ
—
Claim administrator
Intercare Holdings, LLC
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH Y. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5801LC §5309CCR §10961

Summary

Jose Velasquez sought to establish employment relationships with The Salvation Army and the County of Santa Barbara for purposes of his workers' compensation claim. The Appeals Board's May 31, 2022 decision found The Salvation Army was not his employer, which the Second Appellate District Court affirmed in its December 5, 2023 published opinion. However, the Court annulled the Board's decision as to the County and remanded the matter on the issue of whether the County was applicant's employer, also awarding applicant costs under Labor Code section 5801. While the matter was pending on remand, applicant and the County reached a settlement, and the WCJ issued an Order Approving Compromise and Release. The Appeals Board amended the July 1, 2019 Findings of Fact and Order to defer the County employment issue and returned the matter to the trial level to effectuate the C&R.

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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