RASOOL GULAM, Applicant vs. PARESH PATEL, an individual, dba CHULA VISTA EXTENDED STAY, L.L.C., HOWARD JOHNSON SUITES; OASIS OUTSOURCING, INC.; ZURICH INSURANCE, administered by ESIS; THE DIRECTOR OF INDUSTRIAL RELATIONS, as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants
ADJ number
ADJ13350822
Decision date
Aug 25, 2022
District office
San Diego
WCJ
Linda F. Atcherley
Claim administrator
ESIS (administering Zurich American Insurance Company); Uninsured Employers Benefits Trust Fund
Commissioners
—
Injury / body parts: multiple (not currently at issue)
LC §3351LC §3357LC §3300LC §3602
Summary
Applicant Rasool Gulam, a front desk clerk hired by Paresh Patel dba Chula Vista Extended Stay, was injured two days after being hired on June 7, 2020 when struck by a vehicle in the parking lot. Patel had no independent workers' compensation insurance, relying instead on a PEO, Oasis Outsourcing, Inc. (insured by Zurich, administered by ESIS), which refused coverage on the grounds that Gulam had never completed the 'onboarding' process required by the service agreement. The WCJ found special and general employment and ordered Oasis to complete the onboarding process to extend coverage. The WCAB granted reconsideration, affirmed the special and general employment findings (with Oasis as the special employer and Patel as the general employer), but struck the order requiring Oasis to complete onboarding, holding that workers' compensation law is wholly statutory and the Board lacks authority to issue such an order, which was also unnecessary given the finding of special employment.
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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