What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by Source Logistics challenging the Findings of Fact and Order dated December 22, 2021, regarding employment status and liability.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ's findings that both Baron HR and Source Logistics exercised control over the applicant and benefited from the employment arrangement were given great weight and supported by credible testimony and evidence, establishing a joint general and special employment relationship.
From the decision · page 3consideration appears to be whether the alleged special employer exercises control over the details of [an employee's] work. Such control strongly supports the inference that a special employment exists.' (McFarland v. Voorheis-Trindle Co., supra, 52 Cal.2d at p. 705; Oxford v. Signal Oil & Gas Co., supra, 12 Cal.App.3d at p. 408; Martin v. Phillips Petroleum Co., supra, 42 Cal.App.3d at p. 922.) For the reasons stated by the WCJ in the Report, we agree that both Baron HR and Source Logistics had the right to control applicant and exercised that control and that they both benefited from the arrangement. Moreover, we have given the WCJ's credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ's credibility determinations. (Id.)