WCPanelIQ
PanelDenied

Ronald Perdomo — ADJ14026834

RONALD PERDOMO, Applicant vs. D&D PAINTING, INC.; REDWOOD FIRE & CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ14026834
Decision date
Nov 21, 2021
District office
Pomona
WCJ
Helen Bather
Claim administrator
Berkshire Hathaway Homestate Companies (administering Redwood Fire & Casualty Insurance Company)
Commissioners
—

Injury / body parts: head, right hand, back

LC §3351LC §5705LC §3357LC §3202

Summary

Applicant Ronald Perdomo alleged an October 26, 2020 injury while installing drywall for D&D Painting and Drywall, which denied ever hiring him. The WCJ found applicant was an employee based on the credible testimony of applicant and his witness Arnoldo Linares (who was still employed by D&D at the time of his testimony), and on the contradictory testimony of defendant's three witnesses. Defendant sought reconsideration, arguing applicant failed to establish he was under a contract of hire. The WCAB denied reconsideration, holding that applicant bears the burden of proving he rendered service, after which the burden shifts to the employer to rebut the employment presumption by proving the absence of a contract of hire. The Board gave great weight to the WCJ's credibility determinations and found no error.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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