D'Braunstein, Steven

Applicant Steven D'Braunstein, an attorney who performed special-appearance deposition work for Pacific Attorney Group (PAG), allegedly suffered a stroke on June 1, 2018 (or a cumulative trauma from June 2017 through June 2018). The WCJ issued Joint Findings of Fact finding that applicant was an independent contractor, not an employee of PAG, and applicant sought reconsideration arguing employment and that PAG failed to establish its affirmative defense. The Appeals Board granted reconsideration to further review the merits, noting that because the work involved a licensed attorney, the ABC test does not apply and the Borello standard governs the employment/independent contractor analysis. The Board highlighted potential evidentiary problems, including whether substantial evidence supported the WCJ's decision and whether attorney-client privileged communications in Joint Exhibit 11 were properly admitted without client waivers. The Board deferred a final decision after reconsideration pending further review of the entire record.