Ware

*510 Opinion

Introduction

The Workers’ Compensation Appeals Board (WCAB) determined a golf caddie to be an independent contractor rather than an employee when injured. We find that the facts established an employment relationship, considering the goals and purposes of the Workers’ Compensation Act (Act), and annul and remand the decision for further proceedings consistent with this opinion.

Factual and Procedural Background

Jerry Ware claimed he sustained various orthopedic injuries on December 27, 1994, and in October of 1996, while employed for Bel-Air Country Club (Club) as a golf caddie. The Club contended Ware was an independent contractor.

At trial Ware testified he had continuous employment with the Club since December of 1993, from 7:00 a.m. to 7:00 p.m. Ware had to wear special clothing and was issued a cap, but had to buy a Club shirt. The Club had rules of conduct, a caddie assignment and locker room, and permission was needed to go to other areas.

According to Ware, his duties consisted of greeting Club members, knowing and advising of the golf course, shagging balls, retrieving, carrying and cleaning clubs, getting carts and changing shoe spikes. Ware received…