An out of state staffing agency offered a position to a computer consultant at its client's site in San Diego with the client exercising %100 right of control. After accepting the offer the consultant started her/his work, got injured while working at home. The agency and client secretly and fully executed a contract which effectively misclassified the consultant as Independent Contractor on the very same day she/he was in hospital to seek medical treatment.
1. Is such misclassified injured contingent worker or consultant considered an employee of both Agency and Client?
2. Under California WCAB, are the rights of such injured contingent misclassified worker protected?
3. Is such injured misclassified employee construed a Day laborer, a temp employee with no protections or rights?
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