Torres, Gerald

Gerald Torres claimed he was an employee of Pro Deo Foundation, which was insured by State Compensation Insurance Fund, when he injured his fingers and thumb using a table saw in the foundation's after-school woodworking program. Defendant contended applicant was a volunteer or independent contractor (pointing to a January 5, 2023 'Independent Contractor Agreement' and a $50,000 settlement applicant received as an injured volunteer from the liability carrier), and argued judicial estoppel. The WCJ found applicant was an employee, and the WCAB affirmed and denied reconsideration, giving great weight to the WCJ's credibility determinations under Garza. The Board concluded applicant established a prima facie case of employment, that monthly payment defeated volunteer status, and that defendant failed to satisfy all three prongs of the Dynamex 'ABC' test to rebut the presumption of employment.