CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the previous finding that his claim was barred. The Board found the applicant was an employee of the defendant under Labor Code section 3357, based on unrebutted testimony of an agreement for landscaping services at $80 per day across multiple jobs. The defendant failed to overcome the statutory presumption of employment. Therefore, the applicant is found to have been employed by the defendant at the time of his alleged injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the previous finding that his claim was barred. The Board found the applicant was an employee of the defendant under Labor Code section 3357, based on unrebutted testimony of an agreement for landscaping services at $80 per day across multiple jobs. The defendant failed to overcome the statutory presumption of employment. Therefore, the applicant is found to have been employed by the defendant at the time of his alleged injury.
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