What the panel ordered
Petition for Reconsideration denied; Findings of Fact of September 9, 2021, upheld.
Defendant sought reconsideration of the Findings of Fact issued on September 9, 2021, which found applicant was an employee of defendant on the date of injury; WCJ issued a Report and Recommendation to deny the petition; WCAB panel adopted the Report and denied reconsideration.
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 applicant rendered service to defendant based on credible testimony, including a witness still employed by defendant, and found defendant's contradictory witness testimony not credible, thus upholding the presumption of employment and contract of hire.
From the decision · page 1In the Opinion on Decision, the WCJ states: All defense witnesses testified that they did not know the applicant and that he was not ever hired to work for the employer, however, their testimony was contradictory on several issues detailed, below.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.