Ceras Garcia, Carolina

Carolina Ceras Garcia claimed she was an employee of Knight-Calabasas, LLC (Calabasas Country Club), working as a cleaner from November 2021 through September 2024, and sustained multiple injuries. The WCJ found she was not an employee and ordered a take nothing, relying in part on an independent contractor agreement between the Club and JC Cleaning. On reconsideration, the WCAB held that applicant established a prima facie case of employee status under Labor Code sections 3351 and 3357, shifting the burden to defendant to prove independent contractor status under the ABC test of section 2775. The Board found the record lacked critical evidence—including whether applicant was an owner of JC Cleaning and whether JC Cleaning carried workers' compensation coverage—rendering the employment/independent contractor determination and any general/special employment analysis premature. The Board granted reconsideration, rescinded the F&O, and remanded for further discovery.