43 COR 40-7358 [¶22,557R]
EMPLOYER – PRIMARY V. SECONDARY
Evidence of the true relationship between two employee staffing firms required a finding that one was the actual employer, with the right of control of the injured employee, and that the other employer primarily only provided administrative services, without any actual right of control, which was insufficient to support a finding that it was an “employer.”
PENALTIES – FAILURE TO REPORT SERIOUS INJURY
Cal. Code Regs, tit. 8, § 342(a) (2016) – The primary employer failed to report the serious injury of an employee, or establish that it had delegated its responsibility to do so to a third party/secondary employer.