California Court of Appeal

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Lara v. Workers' Comp. Appeals Bd., B214234

Workers' Compensation Appeals Board's decision against the petitioner and in favor of the defendant is affirmed as, the petitioner, hired twice in the space of 12 months to prune bushes for a diner, was not an employee of the diner at the time he sustained injury, but rather, he was an independent contractor exempt from workers' compensation coverage.

Appellate Information

  • Decided 02/26/2010
  • Published 02/26/2010

Judges

  •  before this court is whether the respondent, Scott Broffman (Broffman), individually or as a substantial shareholder of Metro, sustained their burden of proof that Lara was an independent contractor and, therefore, not entitled to workers' compensation benefits.   I find the court majority misapplied the factors to consider in the analysis of an employer/employee relationship and that Metro did not meet its burden of proof that Lara was an independent contractor.   Because this issue is of continuing public interest, I provide a discussion as to the application of factors to consider in light of the Legislative intent and public policy of the workers' compensation laws.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Leo H. Hernandez for Petitioner.

  • For Appellees:
  • Scott Broffman, in pro. per., for Respondent Bratiff Home Corporation., No appearance for Respondent Workers' Compensation Appeals Board.
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