What the panel ordered
The Appeals Board granted applicant's Petition for Reconsideration, rescinded the March 24, 2025 Finding and Order, substituted a new Finding and Order finding injury claims on July 15, 2021 and February 3, 2020, and returned the matter to the WCJ for further proceedings consistent with this decision.
Applicant sought reconsideration of the Finding of Fact and Order issued on March 24, 2025 by the WCJ, which found applicant failed to meet burden to show industrial injury on July 15, 2021 and February 3, 2020; the WCJ filed a Report and Recommendation to deny reconsideration; the Appeals Board granted reconsideration, rescinded the prior F&O, substituted a new F&O finding injury claims on both dates and returned the matter to the WCJ for further proceedings.
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 Appeals Board found that applicant was employed by defendant on July 15, 2021, and that applicant claimed injury arising out of and in the course of employment on both July 15, 2021 and February 3, 2020, reversing the WCJ's prior finding due to lack of substantial medical evidence and incomplete record.
From the decision · page 7Accordingly, we grant applicant's Petition for Reconsideration, rescind the F&O and substitute a new F&O that finds that in ADJ14951750, while employed by defendant on July 15, 2021, applicant claims to have sustained injury arising out of and in the course of employment to his left knee, left ankle, and left foot; that in ADJ15106978, applicant while allegedly employed by defendant on February 3, 2020 claims to have sustained injury arising out of and in the course of employment to his head and neck; and that defendant was uninsured at the time of the claimed injuries. We defer all other issues. We return the matter to the WCJ for further proceedings consistent with this decision.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant admitted at trial that applicant worked for him on July 15, 2021 and presented no evidence that applicant was an independent contractor.
Favours Applicant prevailed
This admission established applicant's employee status, shifting the burden to defendant to prove otherwise, which was not met, leading to finding of employment and injury claim acceptance.
From the decision · page 6In the case before us, applicant bears the burden of proving that he rendered service for defendant, whereupon the burden shifts to defendant to rebut the employment presumption. Here, defendant admitted at trial that applicant worked for him on July 15, 2021, and presented no evidence that applicant was an independent contractor, so it is unclear why the WCJ did not find that applicant was an employee at the time of his claimed injury on July 15, 2021. Thus, we will find in ADJ14951750 that while employed for defendant on July 15, 2021, applicant claimed injury.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Const., art. XIV, 4; Lab. Code, 3351, 3357
California's no-fault workers' compensation system defines employment broadly and presumes workers to be employees unless proven otherwise by the hirer.
The Appeals Board applied this standard to find that applicant was employed by defendant on July 15, 2021, as defendant admitted employment and presented no evidence of independent contractor status.
From the decision · page 5II. We begin with the issue of employment. In his F&O and Opinion on Decision, the WCJ did not make a specific finding on employment in either case. In ADJ14951750, the WCJ seems to indicate applicant was employed by defendant employer on July 15, 2021. California has a no-fault workers' compensation system. With few exceptions, all California employers are liable for the compensation provided by the system to employees injured or disabled in the course of and arising out of their employment, "irrespective of the fault of either party." (Cal. Const., art. XIV, § 4.) The protective goal of California's no-fault workers' compensation legislation is manifested "by defining `employment' broadly in terms of `service to an employer' and by including a general presumption that any person `in service to another' is a covered `employee.'" (Lab. Code, § 3351, 5705(a); S. G. Borello & Sons, Inc. v.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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