WCPanelIQ
PanelRemanded

Jose Santos Garcia — ADJ10618630

JOSE SANTOS GARCIA, Applicant vs. RAINBOW VALLEY NURSERY COMPANY, INC.; JAIME G. MEJIA; DAVID J. MEJIA, Defendants

ADJ number
ADJ10618630
Decision date
May 9, 2022
District office
Anaheim District Office
WCJ
John Cyprien
Claim administrator
—
Commissioners
—

Injury / body parts: back, neck, thoracic spine, left shoulder, left elbow, left forearm, left knee

Summary

Jose Santos Garcia, a landscape gardener/tree pruner, sustained an industrial injury on April 9, 2014 to multiple body parts while working for Rainbow Valley Nursery Company, Inc./Jaime G. Mejia, an uninsured employer. The WCJ's February 16, 2022 Findings and Award found that David J. Mejia was a shareholder in the company, despite conflicting testimony where David denied owning stock and his father Jaime believed his son was a shareholder. Defendants sought reconsideration arguing the shareholder finding was unsupported by the facts and exceeded the WCJ's powers. The Board granted reconsideration, rescinded the prior award, substituted new Findings of Fact (deferring the shareholder issue), and returned the matter to the trial level for further discovery and inquiry on David J. Mejia's shareholder status, adopting the WCJ's report.

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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