MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES LOURDES MORENO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOURDES MORENO, Applicant,vs.MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCECOMPANY, Adjusted By GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ6875081(Goleta District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the Finding of Fact issued by a workers’ compensation administrative law judge (WCJ) on December 17, 2010, wherein the WCJ found that applicant was an independent contractor. Applicant alleged that, while employed performing janitorial services on January 1, 2005, she sustained industrial injury to her back, neck, right shoulder, left shoulder, and as a compensable consequence, sleep disorder, psyche and internal. Applicant contended the WCJ erred in finding that she was an independent contractor, arguing that defendant maintained sufficient control over her work to establish that she was an employee. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. Defendant filed an Answer. Counsel for defendant has violated Appeals Board Rule 10848 (Cal. Code Regs., tit. 8, § 10848)1 by attempting to file, without our permission or request, a supplemental Answer after the Petition for Reconsideration was filed. Counsel for defendant is 1 Unless otherwise stated, all further regulatory references are to the California Code of Regulations. , admonished that violations of the Appeals Board’s rules may result in the imposition of sanctions pursuant to Labor Code section 58132 and Appeals Board Rule 10561 (Cal. Code Regs., tit. 8, § 10561). Counsel for applicant
