CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a previous ruling, finding Arturo Ortiz was an employee of Sonora Auto Sales at the time of his death. The Board found that the defendant failed to overcome the presumption of employee status. Factors such as the nature of the work, Ortiz's consistent presence, and Sonora's right to control tipped the scales in favor of employment. Issues of whether the injury arose out of and in the course of employment were deferred.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a previous ruling, finding Arturo Ortiz was an employee of Sonora Auto Sales at the time of his death. The Board found that the defendant failed to overcome the presumption of employee status. Factors such as the nature of the work, Ortiz's consistent presence, and Sonora's right to control tipped the scales in favor of employment. Issues of whether the injury arose out of and in the course of employment were deferred.
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