WCPanelIQ
PanelDenied

Pardeep Kumar — ADJ12103741

PARDEEP KUMAR, Applicant vs. BROTHERS TRUCKLINES CORPORATION; BROTHERS ROADLINES, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12103741
Decision date
Apr 3, 2022
District office
San Bernardino District Office
WCJ
Myrle R. Petty
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: back, neck, spine (fractured spine)

LC §3351LC §3357LC §5705

Summary

Pardeep Kumar was injured on March 21, 2019 in a rollover truck accident while a passenger in the sleeper berth of a big rig operated by entities controlled by Harmanpreet Singh Bhangu. The dispute was whether his employer was Brothers Roadlines, Inc. (insured by SCIF) or Brothers Trucklines Corporation (uninsured). The WCJ found applicant was an employee of Brothers Roadlines based on a salary paystub covering the date of injury, which SCIF itself had produced in discovery. SCIF petitioned for reconsideration, questioning the paystub's authenticity, but the Board denied the petition, holding that an unsupported question about authenticity is not evidence and that SCIF failed to rebut the employment presumption. The Board adopted and incorporated 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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