WCPanelIQ
PanelGranted

Daniel Flores Campos — ADJ11934915, ADJ11733861

DANIEL FLORES CAMPOS, Applicant vs. AMPCO CONTRACTING INC.; SAFEWAY, INC.; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; BARRETT BUSINESS SERVICES, INC.; FEDERICO VELARDE, JR., an individual DBA as FV SALVAGE; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL ENTERPRISE COMP, INC.; STATE COMPENSATION INSURANCE FUND; CALVAR CONSTRUCTION, Defendants ROMAN HERNANDEZ AGUILAR, Applicant vs. AMPCO CONTRACTING INC.; SAFEWAY, INC.; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; BARRETT BUSINESS SERVICES, INC.; FEDERICO VELARDE, JR., an individual DBA as FV SALVAGE; ACE AMERICAN INSURANCE COMPAN

ADJ number
ADJ11934915, ADJ11733861
Decision date
Sep 16, 2026
District office
Van Nuys
WCJ
—
Claim administrator
CorVel Enterprise Comp, Inc. (administrator for Ace American Insurance Company); Sedgwick Claims Management Services, Inc. (administrator for Safeway, Inc.)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: multiple/unspecified (injuries from 30-foot fall)

LC §3602LC §3700LC §3706CCR §2353.1

Summary

Two day laborers fell approximately 30 feet when a roof beam broke during demolition work on the Arden Way Project. AMPCO, a licensed general contractor, was found to be the employer by operation of law because the subcontractor (FV Salvage/Frederico Velarde) was unlicensed and uninsured. The sole arbitration issue was whether workers' compensation coverage existed for AMPCO under the Ace American policy issued pursuant to its employee leasing agreement with BBSI. The WCA found no coverage because the applicants had not been formally onboarded under the BBSI contract, but the Board rescinded that finding. The Board held that Schedule 31, provision 6 of the Agreement for Client Services covered all deemed employees of a licensed contractor 'notwithstanding any other provision of the agreement,' so coverage existed under the Ace American policy for AMPCO.

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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