Ramirez, Leopoldo

Leopoldo Ramirez, a recycling laborer, sustained an industrial injury on April 4, 2019, while working at the Miller Recycling location. The dispute centered solely on whether he was employed by Tung Tai Group (TTG)/Joe Chen at the time. The WCJ found applicant credible and TTG's representative Mr. Chen not credible, determining that applicant had been rehired by Chen/TTG, sent to work at Miller Recycling under the supervision of Omar Martinez (an admitted TTG employee), and paid in cash for work benefiting TTG. The WCAB denied reconsideration, applying the Borello control test and secondary factors to affirm that defendant employed applicant, and deferred all other employment-related issues (general/special, concurrent, employee-sharing, and employment with Miller Recycling).