Home/Case Law/GABRIEL CORTEZ vs. THOMAS WYNN & MIA WYNN, UNINSURED EMPLOYERS BENEFITS TRUST FUND
Regular DecisionReconsideration

GABRIEL CORTEZ vs. THOMAS WYNN & MIA WYNN, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Filed: Apr 29, 2011
ADJ3968322

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding applicant Gabriel Cortez was an employee of defendants Thomas and Mia Wynn. The Board rescinded the decision due to an incomplete record, specifically the absence of the WCJ's actual decision. The matter is remanded for further proceedings and a new decision, allowing parties to address a newly raised Labor Code section 3715(b) issue. The defendants' arguments regarding employment status under Labor Code sections 2750.5, 3351(d), and 3352(h) remain to be fully adjudicated.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding applicant Gabriel Cortez was an employee of defendants Thomas and Mia Wynn. The Board rescinded the decision due to an incomplete record, specifically the absence of the WCJ's actual decision. The matter is remanded for further proceedings and a new decision, allowing parties to address a newly raised Labor Code section 3715(b) issue. The defendants' arguments regarding employment status under Labor Code sections 2750.5, 3351(d), and 3352(h) remain to be fully adjudicated.

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