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PanelDenied

Orozco, Guillermo

GUILLERMO OROZCO, Applicant vs. RUAN TRANSPORTATION MANAGEMENT SYSTEMS; ACE AMERICAN INSURANCE COMPANY, administered by HELMSMAN MANAGEMENT SERVICES, LLC, Defendants

ADJ number: ADJ10919652
Decision date: Jan 22, 2024
District office: Marina del Rey
WCJ: Elliot F. Borska
Claim administrator: Helmsman Management Services, LLC (administering ACE American Insurance Company)
Commissioners: —

Injury / body parts: left leg, left ankle, skin

LC §3600.5LC §3202LC §3600

Summary

Guillermo Orozco, a truck driver hired in Arizona by Ruan Transportation Management Systems, was injured on 4/11/17 when he stepped into a hole at a California truck stop in Castaic after making a delivery in San Francisco. Defendant sought reconsideration of the WCJ's Findings of Fact, arguing that under Labor Code section 3600.5(b) Arizona had exclusive jurisdiction because the applicant was only temporarily in California. The WCAB granted reconsideration to study the issues but affirmed the WCJ's finding, holding that because 23.6% to 35% of applicant's deliveries were made in California, he was not 'temporarily within this state' within the meaning of section 3600.5(b)(1). The Board emphasized California's strong interest in protecting injured workers, the location of injury and medical treatment in California, and the WCJ's credibility determinations. Reconsideration was effectively denied and the Findings of Fact affirmed.

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.