CompFox AI Summary
This case concerns a stucco mason, Mario Hernandez, injured on September 8, 2001, while working for homeowners Heidi and Oscar Aceituno. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of employee status and awarded benefits. The WCAB found Hernandez estopped from claiming employee status and workers' compensation because he misrepresented his contractor licensure to the Aceitunos, who reasonably relied on this representation. The WCAB distinguished this situation from typical employee claims by emphasizing the applicant's fraudulent misrepresentation of his independent contractor status.
Full Decision Text1 Pages
This case concerns a stucco mason, Mario Hernandez, injured on September 8, 2001, while working for homeowners Heidi and Oscar Aceituno. The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of employee status and awarded benefits. The WCAB found Hernandez estopped from claiming employee status and workers' compensation because he misrepresented his contractor licensure to the Aceitunos, who reasonably relied on this representation. The WCAB distinguished this situation from typical employee claims by emphasizing the applicant's fraudulent misrepresentation of his independent contractor status.
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