Association Inter-Insurance
Bureau v. WCAB
(Hestenhauge)
employee by court of appeal
decision
claim alleging an injury
on the first day on the
experienced house painter. He
did not have a contractors
license. He was hired by a
homeowner. He fell off a ladder
and had serious injuries.
compensation claim. The
homeowner had insurance. The
pursuant to Labor Code section
3351, subdivision (d), and section
3352, subdivision (h). They were
contending the applicant did not
work enough hours to qualify to
be an employee.
(WCJ). The WCJ ruled that the
applicant was an employee. A
petition for reconsideration was
filed by the defendant. The
Workers' Compensation Appeals
Board (WCAB) took two years
to make a decision. It upheld the
WCJ.
3351, Subdivision (d) states you
must work at least 52 hours and
earn at least $100. During the 90
days preceding the injury. The
applicant did not do so. The
WCAB agreed that the applicant
of hours or wages in this case.
indicated that the inquiry
should have ended at that
point. However, the WCAB
looked at an alternative
definition of an employee
under Labor Code section
3715. This section only
deals with uninsured
employees. It is undisputed
in this case that the
homeowner had insurance.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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