Defendant retained overall control over work's details, workers' compensation panel says

All workers were presumed employees, unless the hirer could show that the worker met specific criteria to be considered an independent contractor, a panel of the Workers’ Compensation Appeals Board of California said in a recent case.

The defendant in the case of Herrera vs. Paiva; State Farm Fire and Casualty Company, administered by Sedgwick Claims Management hired the applicant to work on the remodeling of a house. The applicant’s work involved floor brackets, framing, roof sheathing, tile installation, and plumbing.

In January 2019, the applicant allegedly injured his lumbar spine, right knee, and head when scaffolding collapsed. He testified that the defendant:

• was almost always present
• paid him in cash at the end of every day
• kept track of his lunch breaks
• decided where the doors and windows would be placed
• directed him on how the plumbing would run
• showed him how he wanted the tile laid out and sometimes instructed him on how to do this

According to the applicant, the defendant created an employee ledger, which showed that the applicant worked from November 2018 to January 2019 and received a total of $6,712.50, consisting of $30 per hour for 224.5 hours of work.

The defendant testified that he did not tell the applicant when to take lunch though he noted lunch breaks on the ledger and that he did not supervise and instruct the applicant though he would go over the work to be...

Read Full Story: https://news.google.com/rss/articles/CBMijQFodHRwczovL3d3dy5oY2FtYWcuY29tL3Vz...