Keller Williams Realty Sacramento Metro; Tower National Insurance Irvine Monica Contreras WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONICA CONTRERAS, Applicant,vs.KELLER WILLIAMS REALTY SACRAMENTO METRO;TOWER NATIONAL INSURANCE IRVINE, Defendants.Case No. ADJ8438071 (Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant South Hall Investors, Inc., dba Keller Williams Realty and Castlepoint Insurance c/o Tower Select (collectively, defendant)’s Petition for Reconsideration on February 19, 2013 to further study the factual and legal issues in this case.. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings of Fact (FF) issued on December 4, 2012 by a workers’ compensation administrative law judge (WCJ). In that FF, the WCJ found in pertinent part that applicant Monica Contreras was an employee of defendant at the time of her injury. Defendant contended in pertinent part that the WCJ erred because applicant was an independent contractor. We did not receive an answer from applicant. We received a Report and Recommendation (Report) from the WCJ in response to the Petition for Reconsideration which recommended that defendant’s petition for reconsideration be denied. We have reviewed the record and considered the allegations of the petition for reconsideration and the contents of the Report. Based on our review of the record and for the reasons discussed below, we will rescind the FF and return the matter to the WCJ for further proceedings as appropriate and a new decision from which any aggrieved party may timely seek reconsideration. , I. Applicant worked as a real estate agent for defendant and sustained injury on August 30, 2011. Applicant claimed that she was an employee and was entitled to workers’ compensation benefits. Defendant contended that applicant was an independent contractor. The terms of the relati
