What the panel ordered
Further Findings and Orders issued on July 12, 2022, rescinded; matter returned to trial level for further proceedings.
Petition for reconsideration granted; matter remanded to trial level for further proceedings to develop record on employment status under Borello factors.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 28, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found the record insufficient to show how the WCJ applied the Borello factors and remanded for further development of the record on employment status.
From the decision · page 2In this case, the record fails to show how, if at all, the WCJ evaluated whether or not defendants retained control over applicant's work and how he "re-weighed" all the secondary factors...... We therefore conclude that the WCJ should develop the record on the issue of whether applicant was employed by defendants at the time of injury. Accordingly, we will rescind the F&O and return the matter for further proceedings consistent with this decision. (Opinion and Decision After Reconsideration, January 28, 2022, pp. 6-9.)