Shrimankar, Rupande

Applicant, a taxicab driver, claimed injury on November 20, 2010, while driving for defendant Cabco Yellow, Inc. The WCJ found applicant was an independent contractor, not an employee. On reconsideration, the WCAB reversed, holding that applicant was performing services for Cabco and thus entitled to Labor Code section 3357's presumption of employment. The Board found defendant failed to rebut this presumption despite the parties' contract labeling applicant an independent contractor. Applying Borello factors and the Edwinson precedent involving similar taxi company facts, the Board concluded Cabco exercised sufficient control over drivers' activities and operated a public carriage business, not merely a vehicle leasing operation. The Board rescinded the WCJ's finding and substituted a new finding that applicant was an employee.