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PanelDenied

Vogt, Carl

MARY VOGT for CARL VOGT (deceased), Applicant vs. BADYAL BROS. ENTERPRISE, a California Corporation and AMOLAK SINGH BADYAL, an individual and as the substantial shareholder of BADYAL BROS. ENTERPRISE, a California Corporation, UPPAL ENTERPRISES, a Nevada Corporation, and AMOLAK SINGH BADYAL, as an individual and as a substantial shareholder of UPPAL ENTERPRISES, a Nevada Corporation, Defendants

ADJ number: ADJ10865935
Decision date: Mar 27, 2023
District office: Stockton
WCJ: —
Claim administrator: —
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: death

LC §3351LC §3353LC §3357

Summary

Carl Vogt died on February 8, 2017 in a trucking accident while driving a truck leased by Badyal Brothers Enterprise (owned by Amolak Singh Badyal) and owned by Uppal Enterprises (also owned by Badyal). The WCJ found Vogt was an employee of Badyal Brothers at the time of death, and defendant sought reconsideration arguing Vogt was an independent contractor under Labor Code section 3353. The Board applied the Borello standard and found that defendant retained control over the work and that the secondary Borello factors weighed in favor of employee status. The WCAB denied reconsideration, affirming the WCJ's finding that Vogt was an employee for workers' compensation purposes.

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.