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PanelDenied

Caldera, Luis

LUIS CALDERA, Applicant vs. PORTUGUESE FRATERNAL SOCIETY OF AMERICA/SES HALL; OAK RIVER INSURANCE administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ13119319
Decision date: Jul 6, 2025
District office: Lodi
WCJ: Irene R. Bowdry
Claim administrator: Berkshire Hathaway Homestate Companies (administering Oak River Insurance)
Commissioners: —

Injury / body parts: left wrist

LC §5909LC §5900LC §3351LC §3357LC §5705LC §3353LC §2750.5LC §3352LC §3202LC §3202.5CCR §10400

Summary

Luis Caldera, a painter, injured his left wrist on March 29, 2018 while painting the SES Hall. The WCJ found he was an employee of the Portuguese Fraternal Society of America/SES Hall who sustained an industrial injury, and deferred all other issues. Defendant sought reconsideration, arguing the WCJ failed to apply Borello factors and misapplied Labor Code section 2750.5. The Board denied reconsideration, holding that because painting over $500 requires a contractor's license and applicant held no such license, Labor Code section 2750.5 expressly precluded a finding of independent contractor status. The Board also found defendant presented no witnesses or documentary evidence (other than applicant's deposition transcript) 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.