What the panel ordered
The August 17, 2021 Findings of Fact and Order is affirmed; Petition for Reconsideration is denied.
Defendants filed a timely and verified Petition for Reconsideration of the August 17, 2021 Findings of Fact and Order, which was affirmed after further review.
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.
AOE/COEApplicant prevailedright leg · other body parts (deferred)
From the decision · page 6Based on the entire record, Applicant and Juan Vega were employees of Roy A. Barile, Jonette L. Barile and John J. Barile on 7/11/2020. Petitioner failed to rebut the presumption of employment.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Favours Applicant prevailed
This triggered a conclusive presumption of employment under Labor Code § 2750.5 and Business and Professions Code § 7048.