CompFox AI Summary
This case involves an applicant injured while tree trimming for homeowners. The Appeals Board granted reconsideration, overturning the original decision. The Board found that because the applicant was an unlicensed contractor performing work requiring a license, he is considered an employee as a matter of law under Labor Code section 2750.5. However, the applicant is still excluded from workers' compensation coverage under Labor Code section 3352(h). Therefore, despite being an employee, the applicant takes nothing by way of his claim.
Full Decision Text1 Pages
This case involves an applicant injured while tree trimming for homeowners. The Appeals Board granted reconsideration, overturning the original decision. The Board found that because the applicant was an unlicensed contractor performing work requiring a license, he is considered an employee as a matter of law under Labor Code section 2750.5. However, the applicant is still excluded from workers' compensation coverage under Labor Code section 3352(h). Therefore, despite being an employee, the applicant takes nothing by way of his claim.
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