Renteria Pina, German

Applicant German Renteria Pina sustained a specific injury to his fingers, hand, arm, and nervous system/psyche on November 13, 2020, while performing landscaping work at a Da Vinci Schools campus for Miguel Diaz dba Brother Landscape, who was uninsured. The WCJ found applicant was Diaz's employee and not Da Vinci's employee, finding Diaz to be an independent contractor. UEBTF sought reconsideration, arguing the WCJ failed to apply the burden of proof correctly and that Da Vinci was the employer either through joint employment or as the ultimate hirer under Labor Code section 2750.5 because Diaz's work required a contractor's license. The Board granted reconsideration, holding that Da Vinci, as the hiring entity, bore the burden of proving Diaz was an independent contractor under the ABC test of section 2775, and the record was inadequately developed to support that finding. The Board also found the record incomplete on whether a contractor's license was required (which would make Diaz a statutory employee under section 2750.5) because invoices were missing. The F&O was rescinded and the matter returned to the trial level for further development of the record.