INDEPENDENT CONTRACTOR: BORELLO TEST SURVIVES
In the panel-only decision of
v. Don L. Knox (2018), the WCAB concluded that in determining whether an individual is an employee versus an independent contractor, the "ABC Test" outlined in the California Supreme Court case of
Dynamex Operations v. Superior
Court (2018) was limited to civil wage order disputes only and is not applicable in deciding employee status issues in workers' compensation.
The WCAB confirmed the "Borello Test" still applies in which the Labor Code Section 2750.5 factors (i.e. hours, licensing, tools, etc.) are weighed to determine whether an individual is an employee or an independent contractor.
[COMMENT: This is only a panel decision with minimal weight, and likely to be litigated further.]