Home/Case Law/Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund
Regular DecisionReconsideration

Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund

Filed: Oct 24, 2016
Los Angeles
ADJ6927641

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original findings. The Board found the initial decision insufficient because it failed to address whether the applicant was employed by Willy Arredondo or as a dual employee of both Willy Arredondo and Scott Linskey. Furthermore, the Board determined that the applicant had met his initial burden of proving services rendered, shifting the burden to the employer to rebut the presumption of employment. The case is returned for further proceedings to make findings on employment status, independent contractor status, and any exclusions to coverage.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original findings. The Board found the initial decision insufficient because it failed to address whether the applicant was employed by Willy Arredondo or as a dual employee of both Willy Arredondo and Scott Linskey. Furthermore, the Board determined that the applicant had met his initial burden of proving services rendered, shifting the burden to the employer to rebut the presumption of employment. The case is returned for further proceedings to make findings on employment status, independent contractor status, and any exclusions to coverage.

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Victor Arredondo vs. Scott Linskey dba Malibu Coast Nursery and Landscapes, Willy Arredondo, Uninsured Employers Benefits Trust Fund (2016) – Los Angeles | CompFox