Yu Lin Ju vs. Charles Jia; Uninsured Employers’ Fund

is a case in which Yulin Ju, the applicant, filed a petition for reconsideration to the December 13, 2007 Findings of Fact and Order which found that Ju was an independent contractor and that the claim was not presumed compensable. Ju argued that there was insufficient evidence that Ju had told the defendant, Charles Jia, that Ju was a licensed contractor and that Jia should be estopped from raising estoppel of independent contractor status. The Workers' Compensation Appeals Board denied the petition for reconsideration, extending to the WCI's finding on credibility the great weight to which it is entitled.

Charles Jia; Uninsured Employers’ Fund Yu Lin Ju WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYULIN JU, Applicant,vs.CHARLES JIA; UNINSURED EMPLOYERS’ FUND, Defendant(s).Case No. LBO 367820ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCI) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt andIncorporate, we will deny reconsideration.            We are, moreover, extending to the WCI’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Compo Appeals Bd. (1970) 3 Cal. 3d 312, 35 Cal. Compo Cases18 500). , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________ALFONSO J. MORESI________________________________________NEIL P. SULLIVANDATED AND FILED AT SAN FRANCISCO. CALIFORNIAJAN 25 2008SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.MICHAEL YEUNGOFFICE OF THE DIRECTOR – LEGAL UNITLAW OFFICE OF MINZHI ZHUebc , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDCASE NO. LBO 0367820YULINJUvs.CHARLES JIA;UNINSURED EMPLOYERS FUNDWORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE: MARY ANNE THOMPSONREPORT AND RECOMMENDATIONOF WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGEON PETITION FOR RECONSIDERATIONI.INTRODUCTION            Applicant has filed a timely and verified Petition for Reconsideration to theDecember 13, 2007 Findings of Fact and Order which found that Applicant was anindependent contractor and that the claim is not presumed compensable pursuant to LaborCode Section 45402. Applicant asserts that there is insufficient evidence that Applican

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