CompFox AI Summary
Applicant Jaqueline Garcia petitioned for reconsideration after a Workers' Compensation Administrative Law Judge (WCJ) determined she was an independent contractor, not an employee of Amazon.com, Inc., when she sustained injuries. The Appeals Board granted the petition, citing concerns over the WCJ's application of the burden of proof regarding employment status and the evidential weight given to the 'Amazon Flex Independent Contractor Terms of Service' document. The Board emphasized that the record did not clearly establish if the applicant met her initial burden or if the defendant successfully rebutted the employment presumption under applicable codes. Consequently, a final decision on the merits of the reconsideration is deferred to allow for further review of the factual and legal issues.
Full Decision Text1 Pages
Applicant Jaqueline Garcia petitioned for reconsideration after a Workers' Compensation Administrative Law Judge (WCJ) determined she was an independent contractor, not an employee of Amazon.com, Inc., when she sustained injuries. The Appeals Board granted the petition, citing concerns over the WCJ's application of the burden of proof regarding employment status and the evidential weight given to the 'Amazon Flex Independent Contractor Terms of Service' document. The Board emphasized that the record did not clearly establish if the applicant met her initial burden or if the defendant successfully rebutted the employment presumption under applicable codes. Consequently, a final decision on the merits of the reconsideration is deferred to allow for further review of the factual and legal issues.
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