Frank Allen vs. Atlas Transfer & Storage: Key Case Insights

Atlas Transfer And Storage Company; Redwood Fire & Casualty Insurance, Administered by Berkshire Hathaway Homestate Companies; Star Insurance Company, Administered by Meadowbrook Insurance Group Frank Allen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANK ALLEN, Applicant,vs.ATLAS TRANSFER AND STORAGE COMPANY; REDWOOD FIRE & CASUALTY INSURANCE, Administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES; STAR INSURANCE COMPANY, Administered by MEADOWBROOK INSURANCE GROUP, Defendants. Case Nos. ADJ7495216ADJ7495729ADJ7497171(Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION            On October 28, 2011, we granted applicant Frank Allen (applicant)’s petition for reconsideration to further study the facts and applicable law and issue a just and reasoned decision.1 We also granted applicant’s request to file a supplemental response and defendant Redwood Fire & Casualty Insurance administered by Berkshire Hathaway Homestate Companies (Berkshire Hathaway)’s requests to file a supplemental response and a supplemental response to applicant’s supplemental response. This is our decision after reconsideration.            Applicant sought reconsideration of the Joint Findings of Fact and Orders (F&O) issued in this case by a workers’ compensation administrative law judge (WCJ) on August 25, 2011. In that F&O, the WCJ found in pertinent part that applicant was not an employee of defendant Atlas Transfer and Storage Company (Atlas Transfer). Applicant contended in pertinent part that defendant did not meet its burden of proof to show that applicant was an independent contractor and not an employee.            We received a joint answer from defendant Berkshire Hathaway and defendant Star Insurance Company administered by Meadowbrook Insurance Company (Meadowbrook). We received applicant’s 1 Deputy Commissioner Hamilton, who was on the panel that issued that Opinion and Order on October 28, 2011, no longer works with the Appeals Board. Another panel m

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.