What the panel ordered
Petition for reconsideration denied. Finding that applicant was an employee at the time of injury is affirmed.
Defendant petitioned for reconsideration of the WCJ's finding that applicant was an employee at the time of injury. The WCAB reviewed the record and the WCJ's report, which it adopted and incorporated except as to the discussion of Ray v. WCAB.
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.
Applicant accepted a job offer from defendant, was present on defendant's premises to complete onboarding paperwork as required by defendant, and the offer letter characterized the relationship as employment upon acceptance. The presumption of employment was established and not rebutted by defendant.
From the decision · page 7This case was set for trial before the undersigned solely on the issue of whether Applicant was an employee for Defendant at the time of the July 26, 2023 incident.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.