CompFox AI Summary
In this case, the Workers' Compensation Appeals Board reversed a lower judge's decision, finding that Rosa Perez was an employee of Melton Franchise Systems, Inc. (Coverall) when she sustained an injury on October 22, 2008. The Board determined that despite a "Janitorial Franchise Agreement" designating her as an independent contractor, Coverall exercised pervasive control over her work. Factors such as required use of Coverall's supplies, dictated cleaning procedures, and the integral nature of her janitorial work to Coverall's business demonstrated an employer-employee relationship. The Board concluded that Coverall failed to rebut the presumption of employee status.
Full Decision Text1 Pages
In this case, the Workers' Compensation Appeals Board reversed a lower judge's decision, finding that Rosa Perez was an employee of Melton Franchise Systems, Inc. (Coverall) when she sustained an injury on October 22, 2008. The Board determined that despite a "Janitorial Franchise Agreement" designating her as an independent contractor, Coverall exercised pervasive control over her work. Factors such as required use of Coverall's supplies, dictated cleaning procedures, and the integral nature of her janitorial work to Coverall's business demonstrated an employer-employee relationship. The Board concluded that Coverall failed to rebut the presumption of employee status.
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