Magic Messenger, Inc.; Gallagher Bassett Services Timothy Sabedra WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY SABEDRA, Applicant,vs.MAGIC MESSENGER, INC.; GALLAGHERBASSETT SERVICES, Defendants.Case No. ADJ7994981 (Long Beach District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration from the Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) on November 26, 2012, wherein the WCJ found that applicant, while working as a truck driver on July 8, 2011 for the alleged employer, defendant Magic Messenger, Inc. (Magic), was an independent contractor. Applicant contends that the WCJ erred in finding that he was an independent contractor, arguing that the facts in this case support a presumption that he was an employee, that defendant exercised sufficient supervision and control over his work to establish that he was an employee, and that his services were an integral part of defendant’s business. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. Defendant filed an Answer. The WCJ has filed a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons set forth herein, we will grant reconsideration, reverse the November 26, 2012 decision finding that applicant is an independent contractor, and substitute a finding that applicant was working as an employee of defendant on July 8, 2011.////// , FACTS On August 8, 2012, this matter proceeded to trial on the issue of employment, and whether applicant was an employee or an independent contractor. The documentary evidence included Magic’s Employee Safety Handbook (Applicant’s Ex. 1), Magic Messenger Employee Handbook (Applicant’s Ex. 2), and trucking order activity records from March 23, 2011 through July
