WCPanelIQ
PanelDenied

Calderon, Victor

VICTOR CALDERON, Applicant vs. UNIFIED PROTECTIVE SERVICES; CVS; HAMPSHIRE INSURANCE COMPANY, administered by SEDGWICK; STATE COMPENSATION INSURANCE FUND; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ10054510
Decision date
Jun 24, 2024
District office
Los Angeles
WCJ
Elisha Landman
Claim administrator
Sedgwick Claims Management Services, Inc. (administering New Hampshire Insurance Company for CVS); State Compensation Insurance Fund (for Unified)
Commissioners
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LC §3602LC §5900CCR §10955

Summary

Victor Calderon, a security guard, worked exclusively at a CVS store in Inglewood while employed by general employer Unified Protective Services. He sustained two specific injuries (March 16, 2015 and April 16, 2015) and a continuous trauma injury (October 20, 2013 through April 16, 2015). The sole issue at trial was whether CVS was Calderon's special employer at the time of the injuries. The WCJ found Unified was the general employer and CVS was the special employer with secondary liability, with CVS becoming liable for the two specific injury dates because Unified was illegally uninsured then, while Unified/SCIF retained primary liability for the CT period. The WCAB denied CVS's Petition for Reconsideration, adopting the WCJ's report finding that CVS exercised substantial direction and control over Calderon's daily work, satisfying the special employment test.

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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