CompFox AI Summary
The California Workers' Compensation Appeals Board granted reconsideration of the original Findings and Award because the WCJ failed to definitively determine whether the applicant was an employee or an independent contractor, which is critical to establishing liability. The Board remanded the case for further proceedings to allow the WCJ to conduct a proper Borello analysis and determine the applicant's employment status with Remax. Additionally, the Board noted potential issues with temporary disability and wage calculations that require further review and substantiation, including medical evidence for temporary disability. The case is returned to the trial level for a new decision that resolves these fundamental issues.
Full Decision Text1 Pages
The California Workers' Compensation Appeals Board granted reconsideration of the original Findings and Award because the WCJ failed to definitively determine whether the applicant was an employee or an independent contractor, which is critical to establishing liability. The Board remanded the case for further proceedings to allow the WCJ to conduct a proper Borello analysis and determine the applicant's employment status with Remax. Additionally, the Board noted potential issues with temporary disability and wage calculations that require further review and substantiation, including medical evidence for temporary disability. The case is returned to the trial level for a new decision that resolves these fundamental issues.
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