Dominguez, Enrique

Enrique Dominguez claimed a COVID-19/respiratory injury while working as a driver for Via Transportation, Inc. during December 10-24, 2020. The WCJ found applicant was an independent contractor rather than an employee and denied the claim, relying on Proposition 22 (Business and Professions Code section 7451) and an Independent Contractor Agreement that was actually between applicant and a non-party, Nomad Transit LLC. On reconsideration, the Appeals Board found the WCJ failed to properly apply the burden of proof, which shifts to the defendant once the worker establishes that services were rendered. The Board concluded the WCJ erroneously imposed the burden on applicant and did not properly evaluate the section 2775 ABC test or the Business and Professions Code section 7451 test. The Board granted reconsideration, rescinded the Findings and Award, and returned the matter to the trial level to develop a complete record and apply the correct burden of proof.