Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)

Presumption of Employee Status Applied to Maintenance Worker Who Lacked Contractor License: Cal. Comp. Cases August Advanced Postings (8/7/2012)

Here’s the second batch of advanced postings for the August 2012 issue of Cal. Comp. Cases.

Lexis.com subscribers can link to the case to read the complete headnotes and summary.

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Matthew Lawrence Construction, insured by Granite State Insurance Company, administered by Chartis, Petitioners v. Workers' Compensation Appeals Board, Matthew Lawrence, Yvonne Lawrence, California State Automobile Association Inter-Insurance Bureau, administered by Tristar Risk Management, (Jose Martinez), Respondents, 2012 Cal. Wrk. Comp. LEXIS 97

Employment Relationships—Employees—WCAB held that applicant, who injured his left arm while trimming hedge on rental property owned by defendant Martin Lawrence, was employee of defendant Martin Lawrence Construction, rather than independent contractor under Labor Code § 3353 or 3357 or residential employee of Mr. Lawrence, at time of his injury, based on presumption of employment in Labor Code § 3351 and analysis of factors set forth in S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations (1989) 48 Cal. 3d 341, 256 Cal. Rptr. 543, 769 P.2d 399, 54 Cal. Comp. Cases 80, including right of control, when WCAB found that …

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