The evidence the panel weighed, by kind.
Evidence weighed
WCJ's credibility determinations given great weight because WCJ had opportunity to observe demeanor of witnesses; no evidence of considerable substantiality to reject credibility determinations.
From the decision · page 2Further, in affirming the WCJ’s finding of employment herein, we have given the WCJ’s credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. ( Garza v. Workmen’s Comp. Appeals Bd.
Evidence weighed
Applicant paid monthly; checks originally written to applicant, later to Restoring Us after discussion with Dave Roberts.
From the decision · page 6Applicant did testify that in the first year, checks were originally written by Pro Deo Foundation to the applicant and after a discussion with Dave Roberts the checks were made out to Restoring Us (MOH/SOE 5-12-2025 page 4 lines 4-5). The check ledger only reflects the payee as Restoring Us.
Evidence weighed
Applicant used table saw owned by Pro Deo Foundation; located and purchased saw for Pro Deo and was reimbursed; would not have purchased without Dave's approval.
From the decision · page 5The applicant testified that the saw he was using was owned by Pro Deo Foundation (MOH/SOE 5-12-2025 at p.3 lines 4-5). Applicant did locate the table saw for Pro Deo Foundation, paid for the saw and was reimbursed by Pro Deo Foundation (MOH/SOE 5-12-2025 page 4 lines 15-16). The applicant and Dave discussed needing the saw (lines 12-13).
Evidence weighed
Dave Roberts gave instructions, dictated hours, advised on product needs; applicant took orders from Dave; supplies provided by Pro Deo Foundation.
From the decision · page 5Applicant credibly testified that Dave ran the shop and gave instructions (MOH/SOE 5-12-2025 at page 3 lines 7-8). Dave would advise if the store was low on product and how much was needed to be made (page 3 lines 10-12). The applicant took orders from Dave (page 5 at lines 3-4).
Evidence weighed
Independent Contractor Agreement signed January 5, 2023; no testimony or evidence that anything changed about the work being done once agreement was signed.
From the decision · page 6This applicant worked for Pro Deo Foundation for 5 years (MOH/SOE 5-122025 p.3 lines 9-10). The Independent Contractor Agreement was created January 5, 2023. There was no testimony nor evidence that anything changed about the applicants work in 2023.