Orberg, Jasmine

Jasmine Orberg was injured in a motor vehicle accident on July 22, 2015 while traveling to an unpaid internship-training program provided by Inter Sources, Inc. The WCJ found she was not defendant's employee, so did not reach the going and coming rule issue. On reconsideration, the WCAB rescinded the F&A, finding that applicant rendered services to defendant as an intern sufficient to establish a prima facie case of employment, and that defendant failed to prove independent contractor status under Borello. The Board further held that the employer-provided transportation exception to the going and coming rule applied because defendant arranged transportation through Rama, who acted as its agent. The matter was returned to the trial level with all other issues deferred.