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California WCABPanel decision

ADJ7608312 · December 23, 2024

The November 3, 2022 Finding of Fact that applicant was an independent contractor is rescinded and substituted with a new Finding that applicant was an employee of Cabco Yellow, Inc.

Issues decided: 1
Medical opinions weighed: 0
Authorities named: 2
District office: Anaheim

What the panel ordered

The November 3, 2022 Finding of Fact that applicant was an independent contractor is rescinded and substituted with a new Finding that applicant was an employee of Cabco Yellow, Inc.

Petition for Reconsideration of the November 3, 2022 Findings of Fact granted to review employment status of applicant

Read the official decision →

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.

AOE/COEApplicant prevailedleft clavicle · right wrist · back · neck · left shoulder

The Board found that applicant was rendering services for Cabco Yellow at the time of injury, thus the presumption of employment under Labor Code section 3357 attached. Defendant failed to overcome this presumption by showing applicant was an independent contractor, as Cabco exercised control over multiple facets of applicant's work consistent with an employer-employee relationship.

From the decision · page 1Applicant seeks reconsideration of the November 3, 2022 Findings of Fact, wherein the workers' compensation administrative law judge (WCJ) found that applicant was an independent contractor and not an employee of defendant.

The facts that decided it

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ADJ7608312 — California WCAB decision · SimilarCase

Applicant was rendering services for Cabco Yellow at the time of injury, establishing the presumption of employment under Labor Code section 3357

Favours Applicant prevailed

This fact triggered the presumption of employment, shifting the burden to defendant to prove independent contractor status

From the decision · page 5The evidence thus supports a determination that Cabco's business was not limited to the leasing of vehicles and dispatch equipment. Rather, Cabco operated a fleet of cabs for public carriage, and its drivers as active instruments of that enterprise provided an indispensable "service" to Cabco. Just as in Edwinson, "the enterprise could no more survive without [its drivers] than it could without working cabs." (Edwinson, supra, at p. 1293.) Pursuant to sections 3357 and 5705(a), we therefore conclude that applicant rendered a service to Cabco, and that the presumption of employment attaches, accordingly.

Cabco Yellow exercised control over multiple facets of applicant's work, including appearance, conduct, and regulatory compliance

Favours Applicant prevailed

This control demonstrated an employer-employee relationship, defeating defendant's claim of independent contractor status

From the decision · page 8of Hearing and Summary of Evidence, dated January 22, 2020, at p. 10:2.) Cabco further received updates from the Department of Motor Vehicles pursuant to a "Release of Driver Record Information." (Ex. 15, DMV Employer Pull Notice Program, dated August 23, 2010, at p. 3.) The record thus supports applicant's contention that Cabco exercised control over multiple facets of its drivers' appearance and performance, and participation in various regulatory requirements necessary to the operation of its business. Based on the foregoing considerations, we are persuaded that defendant's multi-faceted control over daily activities of its drivers overcomes the assertion of an independent contractor relationship. (Borello, supra, 48 Cal.3d at 351.) We therefore conclude that defendant has not rebutted the presumption of employment of section 3357.