LUIS ANGEL HERNANDEZ HERRERA, Applicant vs. FRANCISCO JAVIER CALISTRO RAMIREZ AKA FRANCISCO RAMIREZ AKA FRANCISCO RAMIREZ CALIXTRO DBA CALISTRO’S TREE SERVICE, AND THE DIRECTOR OF INDUSTRIAL RELATIONS, AS ADMINISTRATOR OF THE UNINSURED BENEFITS TRUST FUND (UEBTF), Defendants
ADJ number
ADJ15480882
Decision date
Oct 9, 2023
District office
Oakland
WCJ
Therese Da Silva
Claim administrator
Uninsured Employers Benefit Trust Fund (UEBTF), administered by the Director of Industrial Relations
Commissioners
—
Injury / body parts: right hand, right index finger, right long finger, finger amputation, psyche/PTSD
LC §3716LC §5502CCR §10955
Summary
Applicant Luis Angel Hernandez Herrera suffered a work injury on 09-25-2021 to his right hand (index and long fingers, resulting in partial amputation) and psyche/PTSD while working for an uninsured employer, Francisco Ramirez (dba Calistro's Tree Service). The UEBTF was joined by Order of Joinder on 06-14-2022, which UEBTF never appealed; it instead participated in discovery and hearings before objecting to joinder on the grounds of defective service and lack of jurisdiction. The WCJ issued a Findings and Award finding injury, employment, and awarding temporary disability and medical treatment against both the employer and UEBTF. On reconsideration, the Board granted the petition and affirmed the F&A, but amended it to remove UEBTF from the Award because UEBTF's liability is derivative. The Board found UEBTF had received adequate notice and opportunity to be heard, and the employer was properly served.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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