WCPanelIQ
PanelDenied

Edgar Gama — ADJ14871067

EDGAR GAMA, Applicant vs. XTRACTOR DEPOT, LLC, 2020 LONG BEACH, LLC; THE HARTFORD; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ14871067
Decision date
Feb 12, 2023
District office
Long Beach
WCJ
Michael Joy
Claim administrator
The Hartford
Commissioners
—

Injury / body parts: legs, arms, back, cognitive function, neurological system, hands, ambulatory function, psyche, vocal system, skin, scars, hearing/ears, eyes/vision, diabetes, sleep, third-degree burns

LC §3357CCR §10945CCR §10421

Summary

Applicant Edgar Gama, a cannabis extraction worker, sustained severe burns and other injuries in an August 19, 2020 warehouse explosion in Jurupa. The WCJ found Gama was employed by Xtractor Depot, LLC on the date of injury based on the ostensible authority of Andrew Yoon, Xtractor's owner who directed and controlled the warehouse operation and supplied its equipment. Defendant The Hartford petitioned for reconsideration, arguing the WCJ erred by not taking judicial notice of the employer's website and in finding employment with Xtractor, despite having introduced no evidence and made no motion for judicial notice at trial. The WCAB adopted and incorporated the WCJ's report, gave great weight to the credibility determination, and denied reconsideration.

Issues

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Holding

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Analysis

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Defense takeaway

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