What the panel ordered
Petition for Reconsideration granted; WCJ decision of November 10, 2025 rescinded; matter returned to trial level for further proceedings.
Petition for reconsideration of the Joint Finding of Fact and Order issued November 10, 2025, granted by the Appeals Board, rescinding the WCJ decision and returning the matter to trial level 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 WCJ found the applicant was an independent contractor and did not establish an employer-employee relationship. The Appeals Board found the record incomplete and unclear on whether the applicant met the presumption of employment and remanded for further proceedings to develop the record and determine employment status.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was found by the WCJ to be an independent contractor, not an employee of Nieves Tires.
Favours Defendant prevailed
This finding led to the denial of the presumption of compensability and the rejection of an employer-employee relationship.