WCPanelIQ
PanelRemanded

Latoya Walker — ADJ9174528

LATOYA WALKER, Applicant vs. ARARAT ADULT DAY HEALTH CARE, INC., dba RANCHO CORDOVA ADULT DAY HEALTH CARE, Defendants

ADJ number
ADJ9174528
Decision date
Nov 21, 2021
District office
Sacramento
WCJ
Michael Geller
Claim administrator
—
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §132aLC §133LC §3202LC §3300LC §3357LC §3720LC §5300LC §5301LC §5307.5LC §5315LC §5909LC §6301LC §6304CCR §10364CCR §10380CCR §10382CCR §10964

Summary

Applicant Latoya Walker obtained a Labor Code section 132a discrimination award against her employer, Ararat Adult Day Health Care, Inc. dba Rancho Cordova Adult Day Health Care, a corporation that was dissolved by its owner/president Yervant Krgatbashian on the very day a conference was scheduled. The WCJ found a 132a violation but held that the WCAB lacked jurisdiction to 'pierce the corporate veil' to impose personal liability on Krgatbashian, issuing the award only against the now-dissolved corporation. On reconsideration, the WCAB held that it does possess broad equitable powers, including authority to apply the alter ego doctrine in a 132a proceeding where necessary to prevent fraud or injustice. The Board amended Finding of Fact No. 3 to defer the alter ego question and returned the matter to the trial level for the WCJ to take evidence and make findings, directing that a notice of intention to join Krgatbashian be served first. The F&A was otherwise affirmed.

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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