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Case Name | Trevizo v. El Gaucho Steakhouse | |
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Date | 04/08/2011 | |
Note | A steakhouse exercised the right of control over a worker who cut his pinky finger with a saw. | |
Citation | 102,985 | |
WCC Citation | WCC 452011 KS |
Before HILL, P. J. , GREEN, J. , and BUKATY, S. J. El Gaucho Steakhouse appeals from an order of the Workers Compensation Board (Board) concluding that El Gaucho was liable for the injury of the claimant, Ernest Trevizo. Trevizo later applied for workers compensation benefits, naming El Gaucho Steakhouse or Christensen (or both) as his employer. Although El Gaucho Steakhouse is the appealing party, Sacco is the sole operator and primary owner of El Gaucho. Although El Gaucho does not seem to dispute this finding, we will consider whether substantial evidence existed to support the Board's finding that Trevizo was an employee of El Gaucho. Even accepting El Gaucho's testimony as true, El Gaucho cannot establish that Christensen induced El Gaucho, through misrepresentation, to its detriment.
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