Quote:
Originally Posted by minusonebit
There is a legal definition as to exactly what constitutes a contractor and an employee. So while OSHA may have decided to "treat" one group as one or the other, doesn't mean thats what they are. Someone needs to take that to Court.
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The unfortunate aspect of that is if they lose, then there's no ambiguity in the law. Sometimes not knowing, from a legal perspective, is better than knowing for sure.
However, in this instance, come December when a California Work Comp Appeals Board Judge decides the fate of a performer that contracted HIV on set we will know for sure. EE vs IC.
I know the Judge and the plaintiff attorney in that case, and I can almost assure you that the decision will be that the performer was in fact an employee.