California WCABPanel decision

ADJ13900666 · August 1, 2025

Petition for Reconsideration granted; Findings of Fact and Order rescinded; matter returned to trial level for further proceedings consistent with this decision

Issues decided: 1
Medical opinions weighed: 0
Authorities named: 3
District office: Van Nuys

What the panel ordered

Petition for Reconsideration granted; Findings of Fact and Order rescinded; matter returned to trial level for further proceedings consistent with this decision

Petition for Reconsideration granted, Findings of Fact and Order rescinded, matter returned to trial level for further proceedings

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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.

AOE/COERemandedfingers · hand · arm · nervous system/psyche

The Appeals Board found the record incomplete to determine if Diaz was an independent contractor or employee of Da Vinci and granted reconsideration to develop the record further.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The record was incomplete to determine if Diaz was free from control of Da Vinci as required by the ABC test

Favours Applicant prevailed

This incomplete record prevented the Appeals Board from affirming the independent contractor status of Diaz, leading to reconsideration.

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The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903

ABC test for independent contractor status

The Appeals Board applied the ABC test to determine if Diaz was an independent contractor or employee of Da Vinci.

From the decision · page 8In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 [83 Cal. Comp. Cases 817], the court provided the ABC test, which was then codified in section 2775. It is important to recognize that a hiring entity must satisfy all three factors in order to meet its burden to show that a worker was an independent contractor.

Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159

Substantial evidence standard for Appeals Board decisions

The Appeals Board requires substantial evidence to support findings, which was lacking for Da Vinci's claim of independent contractor status.

From the decision · page 8It is well established that decisions by the Appeals Board must be supported by substantial evidence. (§ 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) "The term `substantial evidence' means evidence which, if true, has probative force on the issues. It is more than a mere scintilla, and means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion...It must be reasonable in nature, credible, and of solid value." (Braewood Convalescent Hospital v. Workers' Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566].) We do not agree that there is substantial evidence to find that Da Vinci met its burden of proving that Diaz is an independent contractor.

Labor Code section 5909

Labor Code section 5909 on petition for reconsideration timing and notice

The Appeals Board found proper notice and timely action on the petition for reconsideration under LC 5909.

From the decision · page 5Former Labor Code section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant part that: