CompFox AI Summary
The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the applicant's attorney. The petition challenged a prior Findings and Order from February 24, 2015, which found no employment relationship between the deceased applicant, Luis Arnulfo Bermeo Cueva, and the alleged employers, King Auto Sales or Rex Auto Sales. The Board affirmed the trial judge's finding, applying the 'ABC' test for employment, concluding that the applicant was an independent contractor based on evidence he rented space, used his own tools, and exercised control over his work, and that mechanical work was outside the usual course of the hiring entities' business.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the applicant's attorney. The petition challenged a prior Findings and Order from February 24, 2015, which found no employment relationship between the deceased applicant, Luis Arnulfo Bermeo Cueva, and the alleged employers, King Auto Sales or Rex Auto Sales. The Board affirmed the trial judge's finding, applying the 'ABC' test for employment, concluding that the applicant was an independent contractor based on evidence he rented space, used his own tools, and exercised control over his work, and that mechanical work was outside the usual course of the hiring entities' business.
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