CompFox AI Summary
This case concerns the defendant's petition for reconsideration of a workers' compensation award finding the applicant an employee. The applicant, a farrier, claimed cumulative industrial injury while working for the defendant ranch. The Board denied reconsideration, affirming the administrative law judge's finding that the applicant was an employee under the Borello standard. The Board found the defendant failed to meet its burden to prove independent contractor status, citing factors like the defendant's control over the work and the applicant's lack of investment. The Board also clarified that the Dynamex ABC test, while applicable to wage orders, does not supersede the Borello standard for workers' compensation employment determinations.
Full Decision Text1 Pages
This case concerns the defendant's petition for reconsideration of a workers' compensation award finding the applicant an employee. The applicant, a farrier, claimed cumulative industrial injury while working for the defendant ranch. The Board denied reconsideration, affirming the administrative law judge's finding that the applicant was an employee under the Borello standard. The Board found the defendant failed to meet its burden to prove independent contractor status, citing factors like the defendant's control over the work and the applicant's lack of investment. The Board also clarified that the Dynamex ABC test, while applicable to wage orders, does not supersede the Borello standard for workers' compensation employment determinations.
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