Pedro MacIas — ADJ11656997

Applicant Pedro Macias, a laborer, was bitten by a dog on June 29, 2018 while working at a private residence and sought benefits, alleging he was an employee of Bruce Lee aka Hee Kyung Lee, whose construction company had dissolved and whose contractor's license had expired. The WCJ found applicant failed to prove employment, reasoning that payments to applicant did not establish an employment relationship and were not in furtherance of Lee's dissolved contracting business. The Appeals Board granted reconsideration, holding the WCJ misapplied the Borello framework and the statutory employment presumption—once applicant showed he was rendering service, he became a presumptive employee and the burden shifted to defendant to prove independent contractor status. The Board found the record replete with inconsistencies and gaps, requiring further development regarding the proper employer(s), the role of 'TJ,' Mr. Wong, and the homeowner. The Board also set aside the prior order dismissing homeowner Taewong Kim and Nationwide because the dismissal relied on an invalid stipulation and an unapproved civil settlement. The Findings were rescinded and the matter returned to the trial level for further proceedings.