Mission Ins. v. Workers' Compensation Appeals Board

On October 15, 1979, Frederick Blankenhorn (applicant) sustained an injury to his right elbow, right hip and pelvis while working. He filed an application for adjudication of claim against Morse Signal Devices (Morse) and Mission Insurance Company, its workers’ compensation insurer, seeking workers’ compensation benefits on account of his injury. The defendants answered denying employment and setting up an affirmative defense that applicant was an independent contractor, not an employee at the time of his injury.

The WCAB judge who presided at the trial credited the testimony of defendants’ witnesses to the extent there was any conflict in the evidence and concluded that the applicant was an independent contractor, not an employee of Morse. The Workers’ Compensation Appeals Board (Board) granted reconsideration and determined on the same evidence that applicant was an employee, not an independent contractor. On review defendants contend the Board’s decision is not supported by substantial evidence on the whole record and the Board arbitrarily and unreasonably drew inferences from isolated bits of evidence insubstantial when the whole record is considered and, indeed,…