MIGUEL GARCIA vs. AMERICAN WEST WORLDWIDE EXPRESS, INC., BLUE STAR CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant Miguel Garcia an independent contractor. The WCAB found that the applicant established a prima facie case of employment, shifting the burden to the employer to prove independent contractor status. The Board determined that the employer exercised significant control over the applicant's work, despite the written agreement, but found insufficient evidence regarding the right to control and differences between employee and owner-operator drivers. Consequently, the WCAB rescinded the prior order and returned the case for further development of the record and a new decision.