Rafael Becerra vs. Pv Mart Dba Buy Low Market Inc Employers Compensation Insurance Co Keyanoosh Ghamari Dba Code 3 Security And Uninsured Employers Benefits Trust Fund

This case involves a dispute between Rafael Becerra, the applicant, and PV Mart dba Buy Low Market, Inc., Employers Compensation Insurance Co., Keyanoosh Ghamari dba Code 3 Security, and Uninsured Employers Benefits Trust Fund, the defendants. Becerra filed a workers' compensation claim alleging that he was injured while working as a security guard for Code 3 Security at Buy Low Market. The Workers' Compensation Appeals Board found that there was not enough evidence to establish that Buy Low Market was Becerra's special employer, and thus dismissed them as a party defendant. The Board also granted Becerra's petition for reconsideration to amend the Findings and Order issued by the workers' compensation administrative law judge.

PV MART dba BUY LOW MARKET INC EMPLOYERS COMPENSATION INSURANCE CO KEYANOOSH GHAMARI dba CODE 3 SECURITY and UNINSURED EMPLOYERS BENEFITS TRUST FUND RAFAEL BECERRA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL BECERRA, Applicant,vs.PV MART dba BUY LOW MARKET, INC.;EMPLOYERS COMPENSATIONINSURANCE CO.; KEYANOOSH GHAMARIdba CODE 3 SECURITY; and UNINSUREDEMPLOYERS BENEFITS TRUST FUND, Defendants.Case No. ADJ8411218(Anaheim District Office)OPINION AND ORDERDENYING UEBTF’S PETITION FORRECONSIDERATION, GRANTINGAPPLICANT’S PETITION FORRECONSIDERATION, AND DECISIONAFTER RECONSIDERATION            Both applicant, Rafael Becerra, and defendant, the Uninsured Employers Benefits Trust Fund (UEBTF), have filed timely petitions seeking reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on April 16, 2014. We have considered the allegations of both petitions and the contents of each Report and Recommendation on Petition for Reconsideration (Report) that the WCJ separately prepared with respect to each petition. Based on our review of the record, and for the reasons stated in the WCJ’s two Reports, which we adopt and incorporate, we will deny UEBTF’ s petition. However, we will grant applicant’s petition for the limited purpose of amending the Findings and Order as recommended by the WCJ in her Report regarding that petition.            A general and special employment relationship exists where one employer (the general employer) sends an employee to work for another employer (the special employer) and both have certain powers of control over the employee. (Kowalski v. Shell Oil Co. (1979) 23 Cal.3d 168, 174 [44 Cal.Comp.Cases 134]; County of Los Angeles v. Workers’ Comp. Appeals Bd (Conroy) (1981) 30 Cal.3d 391, 405 [46 Cal.Comp.Cases 1322].) “In determining whether a special employment relationship exists, the primary consideration is whether the special employer has the right to control and direct the activit

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