What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by CVS/New Hampshire/Sedgwick challenging the WCJ's Findings and Order on special employment status of CVS for Applicant's injuries.
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 found CVS was the special employer based on undisputed testimony that CVS controlled the applicant's work activities, including daily instructions, reporting, and discipline, beyond mere provision of equipment and paperwork.
From the decision · page 7WHETHER CVS' PROVISION OF A WALKIE-TALKIE AND THE APPLICANT'S COMPLETION OF LOSS PREVENTION PAPERWORK ARE ENOUGH CONTROL TO TRANSFER RISK FROM UNIFIED TO CVS IN ORDER TO MEET THE DEFINITION OF A SPECIAL EMPLOYER.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
CVS had the right to direct and control the applicant's work activities and actually exercised that right daily.