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Case Name Irvine Eurocars v. WCAB (Shelly)
Date 02/11/2011
Note The state Supreme Court will not review a split panel decision featuring a controversial dispute about whether an auto dealership was a nanny's employer.
Citation ADJ4715696
WCC Citation WCC 37872011 CA
Irvine and Redwood contend that the WCJ should have found from the evidence that applicant was employed by Shelly on the date of injury. Irvine denied that applicant was its employee, claiming instead that she was placed on the Irvine payroll only so that she could receive its group health insurance and that she actually was Shelly's employee and never performed any employment duties for Irvine. The WCJ's finding that applicant was employed by Irvine on the date of injury is supported by an earlier Appeals Board panel decision involving similar facts. For the foregoing reasons, IT IS ORDERED that the petition of Irvine Eurocars, doing business as Irvine BMW, and of its workers' reconsideration of the December 1, 2010 Findings and Order of the workers' compensation compensation insurer, Redwood Fire & Casualty Insurance Company, for administrative law judge is DENIED. The record shows that applicant applied for employment as a home assistant/nanny for Shelly and never worked at the Irvine automobile dealership.

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