WCPanelIQ
PanelDenied

Jerome Tate — ADJ3101200

JEROME TATE, Applicant vs. BAY AREA LOGISTICS, INC.; BAY AREA TRANSPORTATION, HARJIT BHAMBRA, individually and as a substantial shareholder of BAY AREA LOGISTICS, INC., and UEBTF, Defendants

ADJ number
ADJ3101200
Decision date
Apr 8, 2021
District office
Oakland
WCJ
Lilla J. Szelenyi
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: eye

LC §5902LC §5813CCR §10842CCR §10945CCR §10846CCR §10972CCR §10561CCR §10421

Summary

Applicant Jerome Tate sustained an eye injury on October 7, 2005 while working for Bay Area Logistics, Inc./Bay Area Transportation, an uninsured employer owned by Harjit Bhambra. UEBTF and applicant's counsel reached a compromise and release settlement, which the WCJ approved after Bhambra repeatedly failed to appear or substantiate his claim that applicant was not an employee. Bhambra filed a skeletal Petition for Reconsideration alleging fraud and bias by the WCJ without supporting evidence or specific record references. The WCAB denied reconsideration, adopting the WCJ's report, and admonished Bhambra for using offensive language impugning the integrity of the WCJ. The Board found the petition deficient under Labor Code section 5902 and WCAB Rules, and gave great weight to the WCJ's credibility determinations.

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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