GABRIEL RODRIGUEZ, Applicant vs. ADVANCED RAINGUTTERS, INCORPORATED, a California corporation; THAO VAN NGUYEN, an individual; TRAM D. LU BAO, an individual; CIGA for CASTLEPOINT NATIONAL INSURANCE COMPANY, formerly known as TOWER INSURANCE COMPANY OF NEW YORK, in liquidation; JOHNNY MONTEALEGRE, an individual, a substantial shareholder of ADVANCED RAINGUTTERS, INCORPORATED, Defendants
ADJ number
ADJ9945889
Decision date
Jul 7, 2021
District office
Van Nuys
WCJ
—
Claim administrator
CIGA for CastlePoint National Insurance Company, formerly known as Tower Insurance Company of New York, in liquidation
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
Injury / body parts: head, brain, spine, lower extremities, upper extremities, psyche, sleep disorder, sexual dysfunction, internal, hearing, sense of taste
Applicant Gabriel Rodriguez, a roofer, claimed injury on October 18, 2013 when he fell from a ladder while working at a residence owned by Thao Van Nguyen. The WCJ found, after trial limited to the issue of employment, that applicant was employed by Advanced Raingutters, Inc. and Johnny Montealegre (as an individual and substantial shareholder), and not by the homeowner Nguyen or Tram D. Lu Bao. Defendants Advanced Raingutters and Montealegre sought reconsideration arguing due process violations (trial held without their signed pre-trial conference statement and failure to strike applicant's earlier testimony), that applicant was actually the homeowner's employee, and that the claim was barred by the statute of limitations. The Board affirmed the WCJ's findings, deferring to the WCJ's credibility determinations, finding no due process violation because defendants had notice and multiple opportunities to present a defense. The Board amended finding number 2 to correct a clerical error substituting 'California Raingutters' for 'Advanced Raingutters.'
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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