Case Law Database

Enrique Dominguez vs. Via Transportation, Inc.; United States Fire Insurance Company

The Workers' Compensation Appeals Board granted applicant Enrique Dominguez's petition for reconsideration of a March 3, 2025 Findings and Award. The initial F&A found Dominguez to be an independent contractor, not an employee, of Via Transportation, Inc. The Appeals Board rescinded the F&A, ruling that the workers' compensation administrative law judge (WCJ) erred by not properly applying the burden of proof on the defendant to rebut the employment presumption under Labor Code section 2775 and Business and Professions Code section 7451. The case has been returned to the trial level for further proceedings consistent with the Board's decision.