I have little doubt that Ashley will be found to be an employee. Cal?OSHA has already determined performers to be employees - see the TTBoy case.

The $21.15 is for W/C insurance and we have a state run insurance company of last resort called State Fund that has to provide insurance to the adult industry. Adult is a legal business here so they are require to insure companies that are otherwise uninsurable.

HIV or any other STD with lasting medical treatment and permanent disability would be covered under work comp.

Moxie is 100% correct as to the control test, but there are generally 7 areas that the IRS uses to determine IC vs. employee status.

The REAL problem here isnt porn girls coming back for benefits on injuries. The REAL problem here is withholding of state and federal taxes on employees. If there is a movement by the state of California to go back and collect taxes for all of the performers numerous companies could be put out of business.

Assemblyman Calderon is trying to impose an 8% tax on porn in the state to raise money for California. Collecting on back taxes could be a money grab for the state.

The smart companies who insure and use payroll services will survive those that dont could face tax liens. As well as being shut down because of a lack of insurance.

As for civil lawsuits, if an employer doesnt have comp, it can be sued in civil court, its the lawyer's choice. However, if a lawyer suspects there are no assets to grab, you would go to the WCAB since the Uninsured Employers Fund would pay benefits and then they would go after the principals of the company.

Michael