Workers’ Compensation · Primary-source case analysis

Milbauer: Establish the Employer’s Legal Identity and Bring UEF Into the Case Early

By Aneeta Mishra and Timothy Chan

Published May 15, 2026

Milbauer v. Boostan addressed an injured worker’s effort to identify an uninsured employer and obtain early Uninsured Employers Benefits Trust Fund participation.

The employer’s identity is a factual question

The WCJ’s finding was sustained because testimony and other evidence supported the legal identity selected and UEF offered no contrary trial evidence.

Good-faith investigation comes first

The applicant must make a genuine effort to determine the employer’s correct legal name rather than relying on an informal business label.

UEF may be joined provisionally

After an application is filed, the Board may require provisional UEF participation when the employer may be uninsured and identity remains genuinely difficult to establish.

Early participation improves the record

UEF can assist with identity, coverage, and responsibility questions before the case reaches a final adjudication.

Key takeaways

• Collect payroll, licensing, contract, tax, and business-registration records.
• Plead known names and aliases precisely.
• Document the investigation before requesting provisional UEF participation.
• Present identity evidence at trial rather than saving it for reconsideration.