SHIHO SEKI DBA MAGICAL ADVENTURE BALLOON RIDES

By: Rick Waldinger

38 COR 40-6636 [¶21,881R]

PETITION FOR RECONSIDERATION - STIPULATION
The ALJ did not err in rejecting the parties’ stipulation. 

EMPLOYER-EMPLOYEE RELATIONSHIP
Labor Code § 6304 (2011) - An injured worker was an employee, rather than an independent contractor, under the six-part test. 

PENALTIES - FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2011) - The parties’ stipulation regarding the penalty was not binding on the ALJ or the Board. The assessed penalty was within the ALJ’s reasonable discretion.

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