Carlos Bautista vs. “prime Factors, Inc.; Factory Filament, Inc.; Isaac Powell; Uninsured Employers Fund

is a case involving Carlos Bautista, an employee of Prime Factors, Inc., and Factory Filament, Inc., and Isaac Powell. Bautista filed a workers' compensation claim after sustaining an injury while employed by Prime Factors, Inc. The Workers' Compensation Appeals Board found that California had jurisdiction over the injury, and denied a petition for reconsideration filed by Powell.

“Prime Factors, Inc.; Factory Filament, Inc.; Isaac Powell; Uninsured Employers Fund Carlos Bautista WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS BAUTISTA, Applicant,vs.PRIME FACTORS, INC.; FACTORY FILAMENT, INC.; ISAAC POWELL; UNINSURED EMPLOYERS FUND, Defendant.Case No. ADJ784749OPINION AND ORDER DENYING RECONSIDERATION            On June 29, 2010, Isaac Powell, a defendant in this case, filed a document entitled “Affidavit of Isaac Powell in Response to the Courts [sic] Findings of Fact and Opinion on Decision, as the Same May or May Not Apply to Isaac Powell.” The document is not verified. It appears to be a response to the Findings and Order dated June 3, 2010, wherein the workers’ compensation administrative law judge (WCJ) found, among other things, that applicant, while employed as a laborer by Prime Factors Inc., sustained an industrial injury to his cervical, thoracic and lumbar spine on November 7, 2003; that employer Prime Factors Inc. was illegally uninsured on the date of injury; and that California has jurisdiction over this injury.            Because the findings of employment, injury and jurisdiction are “final” for purposes of Labor Code section 5900. we construe the document as a petition for reconsideration. For the reasons set forth by the WCJ in her Report and Recommendation, which we adopt and incorporate herein, we deny the petition. , For the foregoing reasons,IT IS ORDERED that the petition of Isaac Powell, construed as a petition for reconsideration, is DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________JAMES C. CUNEOI CONCUR,________________________________________NEIL P. SULLIVAN________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO. CALIFORNIAAUG 02 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ISAAC PO WELLCARLOS BAUTISTAJEROME LEVINOD LEGALMR/rrm , STATE OF CALIFORNIADiv

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