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PanelDenied

Marco Antonio Lopez — ADJ9810139

MARCO ANTONIO LOPEZ, Applicant vs. SANTA BARBARA INVESTORS and/or AD&D CONSTRUCTION; SPARTA INSURANCE COMPANY, administered by GALLAGHER BASSETT; and STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9810139
Decision date: Jun 20, 2021
District office: Los Angeles
WCJ: Karinneh Aslanian
Claim administrator: Gallagher Bassett (administering for Sparta Insurance Company); State Compensation Insurance Fund
Commissioners: —

Injury / body parts: neck, low back, elbows, left wrist, waist, arms, head, legs

LC §3351LC §3357LC §5705LC §3202.5

Summary

Applicant Marco Antonio Lopez claimed an industrial injury on March 24, 2014, while performing roofing work at a project on Orizaba Street in Long Beach. The sole issue at trial was employment. AD&D Construction, a general contractor insured by SCIF, hired Elias Roofing (an uninsured, unlicensed subcontractor) to perform roofing work, and Elias Roofing hired applicant as a laborer. The WCJ found applicant was an employee, and because the immediate hirer (Elias Roofing) was uninsured, liability fell on the general contractor AD&D and its insurer SCIF. SCIF petitioned for reconsideration, arguing applicant was non-credible and was an independent contractor. The WCAB denied reconsideration, adopting the WCJ's report and emphasizing that defendant failed to rebut the statutory presumption of employment.

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.

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.

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.