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PanelDenied

Canales, Maritza

MARITZA CANALES, Applicant vs. EAST WEST EYE INSTITUTE, INC. and NOVA CASUALTY COMPANY ADMINISTERED BY TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ13571625
Decision date: Apr 11, 2023
District office: Long Beach
WCJ: Michael Joy
Claim administrator: Tristar Risk Management (administering Nova Casualty Company)
Commissioners: —

Injury / body parts: neck, back, hips, shoulders, elbows, wrists, hands, psyche, sleep

LC §5902LC §3357LC §5701CCR §10945

Summary

Maritza Canales worked as a nanny/housekeeper, originally hired by East West Eye Institute, with payments coming from East West (later Premier Practice Management/PPM) and from Naomi Kurata individually. Following a CT injury ending July 20, 2020, the WCJ found Canales was jointly employed by East West/PPM (covered by Nova Casualty) and by Naomi Kurata as a residential employee (covered by homeowner's insurance). Nova Casualty petitioned for reconsideration, arguing employment should rest solely with the homeowner. The WCAB adopted and incorporated the WCJ's report, which found sufficient connection between applicant and East West/PPM to support joint employment because she conferred direct benefits on the corporate entities (cleaning the convalescent space and home office, working with IT). The Petition for Reconsideration was denied.

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.