What the panel ordered
Petition for reconsideration granted; WCJ's Findings and Orders rescinded; matter returned for further proceedings and a new decision.
Applicant sought reconsideration of a WCJ decision finding he was not an employee and ordering a take-nothing; WCAB granted reconsideration, rescinded the F&O, and remanded for further proceedings.
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 WCAB found the WCJ failed to provide sufficient reasons or legal basis for finding applicant was not an employee, and noted evidence in the record supporting employment; remanded for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was present in Lake Tahoe during the relevant project dates and performed work consistent with project needs; applicant's testimony and QME report were consistent regarding the injury.
Favours Applicant prevailed
These facts supported the existence of an employment relationship and contradicted the WCJ's finding of non-employment.