Home/Case Law/LOURDES MORENO vs. MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES
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LOURDES MORENO vs. MELTON FRANCHISE SYSTEMS, INC.; dba COVERALL; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

Filed: Oct 18, 2012
Goleta
ADJ6875081

CompFox AI Summary

This case concerns Lourdes Moreno's claim for workers' compensation benefits following a back injury sustained while performing janitorial services. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding that Moreno was an independent contractor, ruling instead that she was an employee of Melton Franchise Systems, Inc. (dba Coverall). The WCAB determined that Coverall exerted pervasive control over Moreno's work, dictating numerous aspects of her business operations beyond mere quality control, which indicated an employer-employee relationship. This decision shifts the responsibility for her injury from Moreno to Coverall for workers' compensation purposes.

Full Decision Text1 Pages

This case concerns Lourdes Moreno's claim for workers' compensation benefits following a back injury sustained while performing janitorial services. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding that Moreno was an independent contractor, ruling instead that she was an employee of Melton Franchise Systems, Inc. (dba Coverall). The WCAB determined that Coverall exerted pervasive control over Moreno's work, dictating numerous aspects of her business operations beyond mere quality control, which indicated an employer-employee relationship. This decision shifts the responsibility for her injury from Moreno to Coverall for workers' compensation purposes.

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