Steven P. Davis, Individually and dba Davis Plastering; Walter L. Crowe, Individually and dba Walter L. Crowe Construction; Colonial Ventures, A California Limited Partnership; Zenith Insurance Company; Uninsured Employers Benefits Trust Fund Armando Calderon WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO CALDERON, Applicant,vs.STEVEN P. DAVIS, Individually and dba DAVIS PLASTERING; WALTER L. CROWE, Individually and dba WALTER L. CROWE CONSTRUCTION; COLONIAL VENTURES, A California Limited Partnership; ZENITH INSURANCE COMPANY; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants.Case No. ADJS00190 (OAK 0336872)OPINION AND DECISION AFTER RECONSIDERATION On August 24, 2010, we granted reconsideration of defendant Zenith Insurance Company’s (Zenith) Petition for Reconsideration of the Findings of Fact (FF) issued by a workers’ compensation administrative law judge (WCJ) on June 15, 2010, in order to provide further opportunity to study the factual and legal issues presented. The WCJ found in pertinent part that at the time of his injury, applicant Armando Calderon (applicant) was jointly employed by all of the defendants, because applicant was a statutory employee of defendant owner Colonial Ventures (Colonial Ventures) under Labor Code section 2750.5, since subcontractor defendant Steven P. Davis (Davis) was unlicensed and uninsured for workers’ compensation benefits, and general contractor Walter L. Crowe (Crowe) was uninsured for workers’ compensation benefits and thus unlicensed; and, that applicant was not working as a residential employee within the meaning of Labor Code section 3351, subdivision (d) and section 3352, subdivision (h), and so was entitled to workers’ compensation benefits from defendant Zenith, the workers’ compensation insurer for Colonial Ventures. Defendant Zenith claimed that Colonial Ventures was not a joint employer of applicant and applicant was not a statutory employee under Labor Code section 2750.5, be
Armando Calderon vs. Steven P. Davis, Individually And Dba Davis Plastering; Walter L. Crowe, Individually And Dba Walter L. Crowe Construction; Colonial Ventures, A California Limited Partnership; Zenith Insurance Company; Uninsured Employers Benefits Trust Fund
- Filed On:
- Court: California, Oakland
- Case No. ADJ500190
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