Yes, it was.The consultant broke her thumb while working at home. The bleeding from the fractured bone caused accumulation of blood and puss resulting in swelling and pressure built-up on the nerves and very intense pain. The two employers, Agency and its Client, were General and Special Employers and the consultant was the employee of both. The fact that the special employer knowingly signed the contract to misclassify the injured employee as Independent Contractor suffices enough to construe that they deprived her form the protection she/he was entitled, and that she was treated less favorably as compared to other non-injured employees after they became aware of her intent to to investigate and seek protection under WC insurance by filing a claim.

So, why should it be difficult to have an accurate analysis of such obvious and serious violations that are frequently committed by the Agencies and their Clients?

I believe this matter has been addressed in the finding outlined in an En Banc decision from the Appeal Board in a similar case, referred to as CIGA liabilities or Remedy Temp, which it was clarified that an injured employee, Mark Miceli, who had injury to his minor ring finger was an employee of both Remedy (Staffing Agency) and its client, Jacuzzi, Inc. (Mark Miceli, et al., vs. Jacuzzi, Inc., Remedy Temp, Inc, American Home Assurance Co., Reliance National Indemnity Co. (In Liquidation), California Insurance Guarantee Association. March 28, 2003 (WCAB No. POM 248928) 68 Cal.Comp.Cases 434).