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PanelGranted

Ramirez, Olivia

OLIVIA RAMIREZ, Applicant vs. ISIDRO A. MEJIA, an individual, and ZINDER JANITORIAL CO.; UNINSURED EMPLOYERS BENEFITS TRUST FUND; BOURBON PUB/PARADIES LAGARDERE; SENTRY INSURANCE, Defendants

ADJ number: ADJ13090134
Decision date: Aug 13, 2025
District office: San Francisco
WCJ: —
Claim administrator: Sentry Insurance
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, PAUL KELLY, COMMISSIONER

Injury / body parts: knee, ankle

LC §5909LC §5900LC §5950LC §3357LC §3351LC §3353LC §2775LC §2776LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

Applicant Olivia Ramirez alleged a November 17, 2019 injury to her knee and ankle while performing janitorial work for Isidro Mejia and Zinder Janitorial Co., who were uninsured for workers' compensation. UEBTF was joined as a defendant, and UEBTF petitioned to join Paradies Lagardere (operator of the Bourbon Pub) as a joint employer. The WCJ found Paradies was a joint employer, relying on a mixture of legal standards including Borello, the Dynamex/Labor Code section 2775-2776 test, and joint employment principles. Paradies sought reconsideration, contesting the joint employer finding and the AOE/COE finding. The Appeals Board granted reconsideration, noting the WCJ improperly blended multiple legal standards (including Labor Code sections 2775/2776, which do not apply to a pre-July 1, 2020 injury), and deferred a final decision pending further review of the merits and the entire record.

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.