What the panel treated as outcome-determinative, and which side it favoured.
Applicant worked two jobs at time of injury, including another dog grooming job
Favours neutral
This fact requires aggregation of earnings from both jobs for disability calculations, leading to deferral for further proceedings
From the decision · page 9In his Report, the WCJ concedes that at the time of injury, applicant had another job
working as an employee for Tracy Dog Grooming where he was working 40 hours a week. Since
applicant was working for two employers at the time of injury, we agree with the WCJ's Report
that the issue of earnings must be determined in accordance with Labor Code section 4453(c)(2).
Applicant was employed as a dog groomer by You Lucky Dog at time of injury
Favours Applicant prevailed
This fact supports the finding of compensability and employment status in favor of applicant
Applicant was injured while replacing a bathtub as part of his job duties
Favours Applicant prevailed
Supports finding that injury arose out of and in the course of employment, rejecting defendants' independent contractor claim
From the decision · page 8We note that defendants further allege applicant's injury did not arise out of and occur in
the course of employment. (Lab. Code, § 3600.) We reject the allegation because defendants fail
to support it with any citation to relevant case law. We further note that when applicant was injured
while attempting to install a new washtub for dogs, he already had been doing dog grooming for
defendants for over a year. Applicant's attempted replacement of the washtub was incidental to
his job as a dog groomer, not something that can be carved out of the employment relationship
pursuant to a separate, make-believe contract. This conclusion is supported by Reinert v. Industrial
Acc. Com. (1956) 46 Cal.2d 349 [21 Cal.Comp.Cases 78], wherein our Supreme Court repeated
the well-settled rule that an injury is compensable if the employee is engaged in doing something
the employee might reasonably have been expected to do while in the performance of his or her
job duties. In Reinert, the injury of a girl scout counselor thrown from horse while riding in her
free time was found to be compensable; the medium of exchange in which wages happened to be
paid was a mere accidental circumstance that did not permit "clouding" of the course-of-
employment issue. (Reinert, 46 Cal.2d at 355, internal quotations and citations omitted.)