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Workers' Compensation

Delivery Driver as Independent Contractor Under S.G. Borello Factors: Cal. Comp. Cases August Advanced Postings (7/30/2013)

Here’s the first batch of advanced postings for the August 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Elieser Barbosa, Petitioner v. Workers' Compensation Appeals Board, OnTrac, Dallas National Insurance, Respondents, 2013 Cal. Wrk. Comp. LEXIS 119 (, 2013 Cal. Wrk. Comp. LEXIS 119 (Lexis Advance)

Employment Relationships—Independent Contractors—WCAB affirmed WCJ’s finding that applicant/delivery driver was not defendant’s employee but was rather independent contractor when injured while loading his van, when WCAB, applying factors in S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal. 3d 341, 769 P.2d 399, 256 Cal. Rptr. 543, 54 Cal. Comp. Cases 80, found that (1) applicant had no written contract with defendant and instead contracted for his services with master contractor who, in turn, entered into contract with defendant to provide drivers for certain regions, (2) defendant did not have…