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PanelGranted

Andres Lara — ADJ7794236

ANDRES LARA (DECEASED), MAGDALENA CANDELARIO, Applicant vs. JA CONTRACTING LABOR MANAGEMENT, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR ULLICO CASUALTY COMPANY in Liquidation; TEJON RANCH; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ7794236
Decision date: Aug 17, 2021
District office: Oxnard
WCJ: —
Claim administrator: State Compensation Insurance Fund; California Insurance Guarantee Association for Ullico Casualty Company in Liquidation
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: death

LC §5001LC §5002LC §4704LC §4704CCR §10700

Summary

Andres Lara died from an injury sustained on January 27, 2011 while working as a farm worker. The WCJ found he had a general employer (JA Contracting, insured by Ullico/CIGA) and a special employer (Tejon Ranch, insured by SCIF), with SCIF solely liable for dependency benefits payable to total dependent Magdalena Candelario. Both Candelario (arguing grandson Alexis Lara was also a total dependent) and SCIF (disputing the special employment finding) petitioned for reconsideration. After the Board granted reconsideration and the parties participated in a settlement conference, they resolved the matter by a Compromise and Release for $265,000 (CIGA paying $105,000 and SCIF paying $160,000). The Board found the settlement adequate, reassigned Alexis Lara's share to Candelario under Labor Code section 4704, rescinded the prior Findings and Award, and approved the Compromise and Release.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

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