What the panel ordered
WCAB rescinded the WCJ's Findings and Order dated April 11, 2023, and returned the matter to the WCJ for further proceedings and a new decision.
Petition for Reconsideration filed by applicant after WCJ's Findings and Order dated April 11, 2023, denying employee status under Labor Code section 3352(a)(8); WCAB granted reconsideration and issued decision after reconsideration on July 19, 2023, rescinding the WCJ's decision and remanding for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 26, 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 WCJ did not determine whether applicant was a residential employee under section 3351(d), a prerequisite to applying section 3352(a)(8). The record lacked sufficient evidence on key facts such as employer identity and nature of duties. The WCAB found that these issues must be adjudicated at trial level first before applying section 3352(a)(8).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.