Reconsideration Board discusses
applicant working at home
the WCAB after
reconsideration
injury on November
15, 2000, while
painter. He had a very serious
injury. He was an Australian
temporarily in California. The
applicant did not testify at trial.
There was no deposition taken of
the applicant, no affidavit, or
statement offered into evidence.
industrial related. The defendant
filed a petition for
reconsideration.
this decision as a significant panel
decision.
(h). The applicant did not work
for a licensed contractor. The
defendant argued this two
sections were applicable to the
facts since the applicant did not
work 52 hours or earn at least
$100.00 in the 90 days prior to
his injury.
Labor Code section 3715 (b).
They determined 3715 (b) applies
if there is homeowners insurance.
that three types of residential
employees would be
covered under this section.
They indicated if the
applicant would have been
covered by the law in effect
prior to January 1, 1977, and
the work to be performed
was contemplated to last
more than 10 days or the
total labor cost was at least
$100 the applicant was
covered.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
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