Cervantez, Mario

Mario Cervantez worked as a dog groomer for Rick Dubois and Marvin Valera, doing business as 'You Lucky Dog,' under an unwritten arrangement in which applicant kept 60% of gross receipts and defendants kept 40%. On November 10, 2016, applicant was injured using defendants' skill saw while replacing a dog washtub. The WCJ found applicant was an employee who sustained industrial injury to his right hand and the third and fourth digits, found earnings were minimum, and deferred temporary disability and medical treatment. Both parties sought reconsideration—defendants disputing the employment finding and applicant disputing the minimum-earnings finding. The Appeals Board affirmed the employment finding under Borello and the Labor Code section 3357 presumption, rejected the AOE/COE challenge, but amended the decision to defer the earnings issue (under section 4453(c)(2) for concurrent employment) until temporary/permanent disability is determined, returning the matter for a unified decision.