MARK ZELDES, Applicant vs. ALEX METSON; STATE FARM INSURANCE adm. by SEDGWICK CMS; ALTAPACIFIC TECHNOLOGY GROUP; FARMERS INSURANCE EXCHANGE adm. by FARMERS INSURANCE GROUP, Defendants
ADJ number
ADJ10753903
Decision date
Oct 4, 2021
District office
Fresno
WCJ
Debra Sandoval
Claim administrator
Sedgwick CMS (for State Farm Insurance); Farmers Insurance Group (for Farmers Insurance Exchange)
Applicant Mark Zeldes fell from a roof or ladder on November 26, 2016, while performing work on a condominium owned by Alex Metson, alleging employment by either AltaPacific Technology Group or by Metson as homeowner. After a six-day trial on the employment status issue, the WCJ found that Zeldes was not an employee of AltaPacific (finding instead a joint business venture to develop a hydroponics 'Mistoponics' prototype), but was the employee of homeowner Metson under Labor Code section 2750.5 because he performed unlicensed work requiring a contractor's license (repairing/replacing roof beams and installing plastic sheeting). Defendant State Farm (administered by Sedgwick) sought reconsideration arguing the section 2750.5 finding and the no-employment finding with AltaPacific were not supported by evidence. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision, giving great weight to the WCJ's credibility determinations under Garza.
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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