Antelope Valley Press v. California Ins. Commissioner
This case poses the question whether, for purposes of workers compensation insurance, persons who make deliveries of newspapers for the newspaper publisher Antelope Valley Press (AVP) are independent contractors or employees. The question arises not under a claim for workers compensation benefits by one of the newspaper carriers (carriers), but rather with respect to the premium that AVP was assessed for its workers compensation coverage.
Californias State Compensation Insurance Fund (State Fund) classified the carriers as employees for purposes of AVPs workers compensation policy. AVP appealed the classification to the Department of Insurances Administrative Hearing Bureau. (Ins. Code, 11737, subd. (f); Cal. Code Regs., tit. 10, 2509.46). The administrative law judge (ALJ) who heard the case issued a lengthy proposed decision wherein he concluded that the carriers are employees for purposes of workers compensation insurance, and the Insurance Commissioner (Commissioner) adopted the decision.
Thereafter, AVP filed a petition for writ of administrative mandamus. (Code Civ. Proc., 1094.5). Reviewing the Commissioners decision under the substantial evidence test, the trial court determined that the ALJs findings were supported by substantial evidence. The court also concluded that under the state of Californias workers compensation law, the ALJs conclusion that AVPs carriers are employees should be affirmed. AVP has appealed the trial courts judgment denying its petition for writ of administrative mandamus. Court's review of the facts of this case and relevant law convinces us that the carriers are employees for purposes of workers compensation law, not independent contractors. Therefore, Court affirm the judgment of the trial court.
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