Home/Case Law/Deanna Rasmussen vs. VIJAY GARG, M.D., INC., PREFERRED EMPLOYERS INSURANCE COMPANY
Regular DecisionReconsideration

Deanna Rasmussen vs. VIJAY GARG, M.D., INC., PREFERRED EMPLOYERS INSURANCE COMPANY

Filed: Apr 08, 2009
ADJ3550667 (OXN 0149715)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that the applicant was an employee, determining she was an independent contractor. Key factors supporting this decision included the applicant's specialized skills, license, provision of her own malpractice insurance, billing via invoice, and receipt of a 1099 tax form. Unlike employees, she did not receive benefits like sick leave or paid holidays, and controlled the means by which her work was accomplished, despite the employer providing supplies and equipment. Therefore, her claim for workers' compensation benefits was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that the applicant was an employee, determining she was an independent contractor. Key factors supporting this decision included the applicant's specialized skills, license, provision of her own malpractice insurance, billing via invoice, and receipt of a 1099 tax form. Unlike employees, she did not receive benefits like sick leave or paid holidays, and controlled the means by which her work was accomplished, despite the employer providing supplies and equipment. Therefore, her claim for workers' compensation benefits was denied.

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Deanna Rasmussen vs. VIJAY GARG, M.D., INC., PREFERRED EMPLOYERS INSURANCE COMPANY (2009) – | CompFox