Home/Case Law/GERARDO LOZANO vs. UNIVERSAL LOGISTICS SYSTEM, YORK SERVICES
Regular DecisionReconsideration

GERARDO LOZANO vs. UNIVERSAL LOGISTICS SYSTEM, YORK SERVICES

Filed: Jun 30, 2016
Van Nuys
ADJ9650766

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant was an employee, not an independent contractor. The defendant sought reconsideration based on alleged factual errors in the hearing minutes and summary of evidence, particularly regarding the applicant's English proficiency and the origin of a required vest. The WCAB reviewed the trial transcripts and found the defendant's contentions unsubstantiated. The Board adopted the WCJ's reasoning, upholding the original employee determination based on the right-to-control test and relevant case law.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant was an employee, not an independent contractor. The defendant sought reconsideration based on alleged factual errors in the hearing minutes and summary of evidence, particularly regarding the applicant's English proficiency and the origin of a required vest. The WCAB reviewed the trial transcripts and found the defendant's contentions unsubstantiated. The Board adopted the WCJ's reasoning, upholding the original employee determination based on the right-to-control test and relevant case law.

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GERARDO LOZANO vs. UNIVERSAL LOGISTICS SYSTEM, YORK SERVICES (2016) – Van Nuys | CompFox