Domingo Loya vs. Alejandro Burgos; State Farm Fire And Casualty

Alejandro Burgos; State Farm Fire And Casualty Domingo Loya was a case in which Domingo Loya, the applicant, was denied workers' compensation benefits after he was injured while repairing a roof for Alejandro Burgos, the defendant. The Workers' Compensation Appeals Board found that Loya was excluded from the protection of the act due to Labor Code Section 3352(h), which states that any person employed by the employer to be held liable for less than 52 hours during the 90 calendar days immediately preceding the date of the injury for injuries is excluded from the protection of the act. The Board found that Loya had worked less than 52 hours and had earned less than $100 from Burgos, and thus was excluded from

Alejandro Burgos; State Farm Fire And Casualty Domingo Loya WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOMINGO LOYA, Applicant,vs.ALEJANDRO BURGOS; STATE FARM FIREAND CASUALTY, Defendants.Case No. ADJ8242446 (Riverside District Office)ORDER 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 (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500.)17 ///18 ///19 ///20 ///21 //22 ///23 ///24 /25 ///26 ///27 /// ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________FRANK M. BRASSI CONCUR,_________________________________________DEIDRA E. LOWE_________________________________________MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 14 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.DOMINGO LOYAGOLDMAN MAGDALINJON WOODSsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ8242446DOMINGO LOYA-vs.-ALEJANDRO BURGOS;STATE FARM:WORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE:Lynn DonaldsonREPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION[justify]      Petitioner: Applicant[/justify][justify]      Date of Findings: March 12, 2013[/justify][justify]      Timeliness of petition: The petition is timely.[/justify][justify]      Verification: The petition is verified.[/justify][justify]      Date of Inj

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