WCPanelIQ
PanelDenied

Sosa, Cesar

CESAR SOSA, Applicant vs. CGL, INCORPORATED; CHARLES A. GARAVITT, an individual and substantial shareholder of CGL, INCORPORATED; MARTIN FIERRO, an individual, Defendants

ADJ number
ADJ8481630
Decision date
Date unavailable
District office
Long Beach
WCJ
John A. Siqueiros
Claim administrator
Uninsured Employers' Benefit Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: neck, back, right upper extremity, right lower extremity, right arm, right leg, right foot, right knee, right ankle

LC §3202.5LC §3351LC §3353LC §3357LC §2775LC §2922LC §5705

Summary

Cesar Sosa claimed an industrial injury on July 31, 2012 from a fall while dismantling racks in a warehouse, asserting employment with CGL, Inc., an uninsured employer, and its substantial shareholder Charles Garavitt. The defendants contended that applicant was an independent contractor or was employed by Martin Fierro rather than CGL. After an evidentiary hearing, the WCJ credited applicant's testimony over Garavitt's and, applying the Borello multi-factor test, found that applicant was an employee of CGL at the time of injury. Defendants petitioned for reconsideration, arguing the WCJ misapplied the Borello factors. The WCAB adopted and incorporated the WCJ's Report, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration.

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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