Dodson v. Workers' Compensation Division

(Filed Dec. 11, 2001)

I dissent because I believe the WCAB’s finding that no contract of employment existed between the claimant and B & R on July 31, 1998 is not “plainly wrong.” The majority opinion states that the critical question which must be resolved is whether a claimant “was in the service of the employer for the purpose of carrying on the employer’s industry, business, service or work while serving under a contract for remuneration.” The opinion then disregards this analysis and finds that a contract of employment existed between the claimant and B & R on July 31, 1998 because he…