JOHNNY HAMLETT, Applicant vs. DAVID WALDSCHMIDT dba WOLF PERFORMANCE GOLF CARTS, illegally uninsured; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants
ADJ number
ADJ7721850
Decision date
Aug 14, 2022
District office
San Bernardino
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
—
Injury / body parts: left arm, left hand, left wrist, left elbow, left shoulder, right hand, face, head, skin
LC §4554LC §4555CCR §10205.5CCR §10402
Summary
Applicant Johnny Hamlett was injured on October 21, 2010 while working as a golf cart mechanic for David Waldschmidt dba Wolf Performance Golf Carts, who was illegally uninsured. After a 2014 trial, the WCJ found an employment relationship (not independent contractor), a finding that became final when no party sought reconsideration. Following further proceedings, the WCJ issued a February 12, 2021 Findings, Award and Order granting TTD, 76% PD, life pension, and future medical against Waldschmidt and the UEBTF. The Board previously (March 21, 2022) treated Waldschmidt's late petition as timely on the theory that the court may have erroneously removed his attorney Brian Collins from the OAR and failed to serve him, returning the matter to develop the record on representation. On reconsideration, the Board found the pleadings record sufficient to establish that Collins consented to his dismissal (his office filed and served the dismissal form), so Collins was not the attorney of record at trial; the Board rescinded its March 21, 2022 decision and affirmed the WCJ's February 12, 2021 award.
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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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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