Gonzalez

Introduction

The Workers’ Compensation Appeals Board (WCAB) rescinded the decision of a workers’ compensation judge (WCJ). The WCJ had found petitioner was the employee of respondent Investors Business Daily (IBD), and thus covered by workers’ compensation insurance, when petitioner was injured in a vehicle collision. After granting the petition for review, we reverse the decision of WCAB.

Procedural Background

In a traffic accident, petitioner sustained physical injuries to his back, pelvis, head, knee, and lower extremities. IBD denied petitioner’s claim for workers’ compensation benefits on the ground that petitioner was not its employee. Petitioner then applied to WCAB for adjudication of his claim. IBD defended by alleging that petitioner had performed services for IBD as an independent contractor and not as an employee. After hearing evidence, the WCJ found that petitioner sustained his injuries in the course of petitioner’s “employment” by IBD.

IBD petitioned for reconsideration. WCAB granted the motion, rescinded the WCJ’s findings of fact, and ordered the matter returned to the WCJ for further proceedings with “a more exacting analysis of the facts.” Upon…