CompFox AI Summary
The Workers' Compensation Appeals Board denied Milis Badal's petition for reconsideration, upholding the administrative law judge's finding that Badal was a volunteer, not an employee, when injured. The majority panel deferred to the judge's credibility determination of defense witnesses over Badal's testimony. However, one commissioner dissented, arguing the presumption of employment under Labor Code section 3357 was not rebutted, given Badal's prior paid work and the nature of the task. The dissent contended that the defense failed to prove Badal was not an employee or that an implied contract for hire was absent.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Milis Badal's petition for reconsideration, upholding the administrative law judge's finding that Badal was a volunteer, not an employee, when injured. The majority panel deferred to the judge's credibility determination of defense witnesses over Badal's testimony. However, one commissioner dissented, arguing the presumption of employment under Labor Code section 3357 was not rebutted, given Badal's prior paid work and the nature of the task. The dissent contended that the defense failed to prove Badal was not an employee or that an implied contract for hire was absent.
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