WCPanelIQ
PanelDenied

Bermeo Cueva, Luis Arnulfo

LUIS ARNULFO BERMEO CUEVA (Deceased.), Applicant vs. EMIL BENJAMIN ARAUJO GALVEZ, an individual dba KING AUTO SALES; JOSE CARPIO, an individual dba REX AUTO SALES; UNINSURED EMPLOYERS BENEFITS TRUST FUND (UEBTF), Defendants

ADJ number
ADJ13444464
Decision date
Jul 2, 2025
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
—

Injury / body parts: COVID-19, death

LC §5909LC §5900CCR §10600CCR §10945CCR §10962

Summary

Maria Bermeo, widow of deceased applicant Luis Arnulfo Bermeo Cueva, sought workers' compensation death benefits, alleging her husband contracted fatal COVID-19 while employed as a mechanic by Emil Benjamin Araujo Galvez (dba King Auto Sales) and/or Jose Carpio (dba Rex Auto Sales), both uninsured employers. After a trial limited to the sole issue of employment, the WCJ found no employment relationship existed, applying the 'ABC' test from Dynamex and concluding the decedent was an independent contractor who rented space and used his own tools. The applicant petitioned for reconsideration, but the petition failed to identify supporting evidence in the record for its allegations of employer control. The Appeals Board adopted the WCJ's Opinion on Decision and the Presiding WCJ's Report and denied reconsideration. The Board also addressed the timeliness of its action under amended Labor Code section 5909, finding it acted within 60 days of the case's transmission on May 6, 2025.

Issues

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Holding

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Analysis

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Defense takeaway

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