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4998 REVIEW DENIED. A workers' compensation judge (WCJ) awarded benefits to a claimant who was injured while pruning bushes for a diner. The Workers' Compensation Appeals Board properly overturned the WCJ's decision because the claimant's own evidence established that he was an independent contractor since he used his own tools and the diner lacked a sufficient element of control over him to classify him as an employee under Labor Code § 3351.
CitationLARA v WORKERS' COMPENSATION APPEALS BOARD (Insured Gardener) 182 CA4 393 REV DENIED [See Lab Code § 3200 et seq.; S.G. Borello & Sons v Dept of Industrial Relations 48 C3 341]
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