CompFox AI Summary
This case concerns Domingo Loya's claim for workers' compensation after a fall while repairing a roof. The applicant contended he was an employee hired by the homeowner, Alejandro Burgos, whose wife operated a daycare on the property. The Administrative Law Judge (WCJ) and the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding Loya excluded from coverage under Labor Code Section 3352(h). This exclusion applies because Loya worked fewer than 52 hours for the homeowner within the 90 days preceding his injury, and his work was deemed that of a handyman, not in the course of the homeowner's business.
Full Decision Text1 Pages
This case concerns Domingo Loya's claim for workers' compensation after a fall while repairing a roof. The applicant contended he was an employee hired by the homeowner, Alejandro Burgos, whose wife operated a daycare on the property. The Administrative Law Judge (WCJ) and the Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding Loya excluded from coverage under Labor Code Section 3352(h). This exclusion applies because Loya worked fewer than 52 hours for the homeowner within the 90 days preceding his injury, and his work was deemed that of a handyman, not in the course of the homeowner's business.
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